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2026 Supreme(Online)(Ker) 13801

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
KASINAD R S – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1383 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SHRI.SARATH K.P., SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN, SMT.DIPA V., SHRI.AKASH CHERIAN THOMAS, SHRI.AZAD SUNIL, SHRI.T.P.ARAVIND, SHRI.MAHESWAR PADICKAL, SMT.AKSHARA S., SMT.NIVEDITA RAJEEV
For the Respondents: SRI.C.DHEERAJ RAJAN, SHRI.ANAND KALYANAKRISHNAN, SHRI.LIBIN VARGHESE

Courts may exercise inherent powers to quash proceedings when disputes are amicably settled and not of a serious nature.

Headnote:The petitioners seek to quash proceedings in Crime No.754/2025 under Sections 115(2), 118(1), 118(2), and 126(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, asserting amicable settlement. The court finds no public interest involved and believes continuation serves no purpose, permitting quashing of proceedings. The inherent powers of the court to quash proceedings based on settlement were affirmed following precedents.

Result: The Crl. M.C. is allowed.

Table of Content
1. allegations and settlement discussed. (Para 1 , 2)
2. resolution through amicable agreement emphasized. (Para 3 , 4 , 5)
3. inherent powers to quash affirmed by precedents. (Para 6 , 7)

C.S.DIAS, J.

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

Crl.M.C. No. 1383 OF 2026 -----------------------------------------------

Dated this the 27th day of February, 2026 ORDER The petitioners are the accused in Crime No.754/2025, registered by the Kuthiyathode Police Station, Alappuzha, alleging the commission of the offences punishable under Sections 115 (2), 118(1), 118(2) and 126(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

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 4, who have executed Annexures II to IV 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 4.

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 4 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, Annexure-I FIR and all further proceedings in Crime No.754/2025, registered by the Kuthiyathode Police Station, Alappuzha, as against the petitioners are hereby quashed.

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