IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
ASHISH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 868 OF 2026|CC NO.240/2022
| Table of Content |
|---|
| 1. the inherent powers of the court can be invoked to quash the proceedings based on amicable settlement. (Para 1 , 2) |
| 2. counsels confirm agreement between parties to resolve disputes without further prosecution. (Para 3 , 4 , 5) |
| 3. court emphasizes on the nature of offence and absence of public interest for quashing proceeding. (Para 6 , 7) |
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947 CRL.MC NO. 868 OF 2026 CRIME NO.46/2022 OF Kattoor Police Station, Thrissur AGAINST THE ORDER/JUDGMENT DATED IN CC 240/2022 IN CC NO.240 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA PETITIONER/S:
1 ASHISH VS, AGED 36 YEARS VAKKAYIL HOUSE,P. O KARALAM,PULLATHARA THRISSUR, PIN - 680711
2 ASHALATHA TD , AGED 63 YEARS VAKKAYIL HOUSE,P. O KARALAM,PULLATHARA ,THRISSUR, PIN - 680711 BY ADV SHRI.JOSEPH CHANDY RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER, KATTOOR POLICE STATION,THRSSUR DISTRICT, PIN -
680702
3 V R BHARATHAN, AGED 69 YEARS VAKKAYIL HOUSE,PULLATHARA, KARALAM, THRISSUR, PIN - 680711
4 SHEELA C K , AGED 61 YEARS VAKKAYIL VEEDU,PULLATHARA,KARALAM -680 711.( IS IMPLEADED AS ADDITIONAL RESPONDENT NO:4 VIDE ORDER DATED 18.02.2026 IN CRL.MA 1/2026 IN CRL.MC
868/2026)
BY ADV SMT.LAKSHMI VARADA V. P.
OTHER PRESENT:
PP.SRI.SANAL P. RAJ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.S.DIAS, J.
----------------------------------------
Crl. M.C No. 868 of 2026 -----------------------------------------
Dated this the 26th day of February, 2026
ORDER
The petitioners are the accused in C.C No.
240 / 2022 on the file of the Court of the Judicial Magistrate of First Class, Irinjalakuda, (‘Trial Court’, for short), which has originated from Crime No. 46 / 2022 registered by the Kattoor Police Station, Thrissur, alleging the commission of the offences punishable under Sections 323 , 294(b) and 506 (i) r/w Section 34 of the Indian Penal Code .
2. The petitioners have invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, 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 respondents nos. 3 and 4, who has executed Annexure A3 affidavit and affidavit dated 10.02.2026, 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 nos. 3 and 4.
4. The learned counsel on either side submits that, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The party respondents 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 the 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 fruit
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