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2026 Supreme(Online)(Ker) 13987

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ADHITH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 942 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.C.DHEERAJ RAJAN, SHRI.ANAND KALYANAKRISHNAN, SHRI.LIBIN VARGHESE
For the Respondents: SHRI.ABRAHAM MATHAN

Criminal proceedings can be quashed when parties amicably settle non-heinous offences, preserving judicial resources.

Headnote:The petitioners invoked the inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash proceedings in a case alleging offences under Sections 115(1), 118(1), 118(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The court considered that the parties amicably settled their disputes with no objection remaining from the respondents who executed affidavits affirming the settlement. Citing prior case law, the court held that non-heinous offences that have been settled may have proceedings quashed to preserve judicial resources and encourage harmony. The Criminal Miscellaneous case is allowed.

Table of Content
1. case involves criminals seeking to quash non-serious offences through settlement. (Para 1 , 2)
2. counsel confirms amicable resolution of disputes. (Para 3 , 4 , 5)
3. court discusses conditions for exercising inherent jurisdiction. (Para 6)
4. cites judicial reasoning for quashing proceedings. (Para 7)

ORDER

The petitioners are the accused in Crime No.

1053 / 2025 registered by the Cherpu Police Station, Thrissur, alleging the commission of the offences punishable under Sections 115(1), 118(1), 118(2) r/w 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 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. 2 to 5, who has executed Annexures 2 to 5 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 nos. 2 to 5.

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 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 1 FIR in Crime No. 1053 / 2025 registered by the Cherpu Police Station of the Trial Court, as against the petitioners, are here by quashed.

Sd/-

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