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2026 Supreme(Online)(Ker) 13797

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
VINEESH SEBASTIAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1008 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.MANU.M.THOMAS, SRI.P.C.ANIL KUMAR
For the Respondents: SRI.PHIJO PRADEESH PHILIP, SHRI.P.V.ANOOP

The court may quash criminal proceedings when parties amicably settle disputes, especially for non-heinous offenses, ensuring justice and judicial efficiency.

Headnote:The petitioners sought to quash proceedings in CC No. 730/2024 associated with Crime No. 262/2024 under IPC Sections 341, 323, and 324. They argued that disputes had been amicably settled, supported by affidavits from the respondents. The court acknowledged the necessity of using its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Surksha Sanhita, referencing cases that established criteria for quashing on grounds of settlement. Emphasizing that the alleged offenses were non-heinous and that prosecution continuation served no purpose, the court quashed the proceedings in favor of restoring peace among the parties.

Result: Crl. M.C. is allowed, and all further proceedings are quashed.

Table of Content
1. petitioners argue for quashing based on amicable settlement. (Para 1 , 2)
2. counsels affirm resolution of disputes, no objections to quashing. (Para 3 , 4 , 5)
3. court cites prior cases to justify quashing due to non-serious offenses. (Para 6 , 7)

C.S.DIAS, J.

---------------------------------------------

Crl.M.C. No. 1008 OF 2026 -----------------------------------------------

Dated this the 27th day of February, 2026 ORDER The petitioners are the accused 1 to 4 in CC No.730/2024 on the file of the Court of the Judicial Magistrate of First Class, Kuthuparamba, which has originated from Crime No.262/2024, registered by the Kelakom Police Station, Kannur, alleging the commission of the offences punishable under Sections 341 , 323 and

324 read with Section 34 of the Indian Penal Code , 1860.

2. The petitioners have invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Surksha Sanhita , to quash all further proceedings in the above case. It is asserted that the dispute that led to the registration of the crime has been amicably settled between the petitioners and the respondents 2 to 5, who have executed Annexures 3 to 6 affidavits, affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the respondents 2 to 5.

4. The learned counsel on either side submit that, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The respondents 2 to 5 have no subsisting grievance and do not wish to pursue the prosecution, and have no objection to the proceedings being quashed.

5. The learned Public Prosecutor, on instructions, submits that the Investigating Officer has reported that the parties have arrived at a genuine and bona fide settlement. The State has no objection to the Criminal Miscellaneous case being allowed.

6. The scope and ambit of the inherent powers of this Court to quash criminal proceedings on the ground of settlement between the parties have been authoritatively laid down by Hon’ble Supreme Court, in Gian Singh v. State of Punjab [ (2012) 10 SCC 303 ], State of Madhya Pradesh v. Laxmi Narayan and Others [ (2019) 5 SCC 688 ], Naushey Ali v. State of U.P. [ (2025) 4 SCC 78 ] and in a host of judicial pronouncements. It is held that in cases where the offences are not grave or heinous, and where the parties have amicably settled the dispute, to secure the ends of justice, the High Court may invoke its inherent powers to quash the proceedings, particularly if continuation of the prosecution would serve no fruitful purpose.

7. On an overall consideration of the facts and circumstances of the present case, and the materials on record, I am satisfied that the offences alleged are not heinous or of a serious nature; no public interest or element of societal concern is involved; the chances of conviction are remote in view of the settlement; and the continuation of the proceedings would merely burden the judicial process without advancing the cause of justice. Furthermore, the settlement would promote harmony between the parties and restore peace. Hence, this Court is persuaded to hold that this is a fit case to exercise its inherent jurisdiction.

In the result, the Crl. M.C. is allowed. Accordingly, Annexures-1 FIR, 2 Final Report and all further proceedings in CC No.730/2024 on the file of the Court of the Judicial Magistrate of First Class, Kuthuparamba, as against the petitioners are hereby quashed.

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