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2026 Supreme(Online)(Ker) 13992

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
DIYA JOSE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1247 OF 2026|CRIME NO.1895/2023



Advocates:
For the Appellants/Petitioners: SHRI.T.A.GEORGE JOSEPH, SHRI.APARAJITH A.
For the Respondents: SHRI.BINESH P. BABY, SHRI.AKIN T. THOMAS

The High Court may exercise its inherent jurisdiction to quash criminal proceedings when an amicable settlement is reached and the offences are not of a serious nature.

Headnote:This case involves quashing of criminal proceedings under inherent powers of the court, addressing the resolution of disputes amicably between the parties. The court acknowledges the non-heinous nature of the offences as per Sections 441, 341, 323, 324, 294(b) and 506 IPC, citing various Supreme Court judgments regarding the exercise of such powers. The court concludes that continuing prosecution does not serve justice, promoting harmony and peace between parties.

Result: The Crl. M.C. is allowed and all proceedings against the petitioners are quashed.

Table of Content
1. accused petitioners invoked inherent powers to quash proceedings. (Para 1 , 2)
2. both parties reached an amicable settlement. (Para 3 , 4 , 5)
3. court emphasizes non-serious nature of offences for quashing. (Para 6 , 7)

C.S.DIAS, J.

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

Crl.M.C. No. 1247 OF 2026 -----------------------------------------------

Dated this the 26th day of February, 2026 ORDER The petitioners are the accused in CC No.1215/2023 on the file of the Court of the Judicial Magistrate First Class Magistrate-II, Kochi, which has originated from Crime No.1895/2023 registered by the Palluruthy Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 441 , 341, 323, 324, 294(b) and 506 read with 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 filing of the complaint has been amicably settled between the petitioners and the 2nd respondent, who has executed Annexure-A3 affidavit, affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the 2nd respondent.

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 2nd respondent has no subsisting grievance and does not wish to pursue the prosecution, and has 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 A1 FIR, Annexure A2 Final Report and all further proceedings in CC No.1215/2023 on the file of the Court of the Judicial Magistrate First Class Magistrate-II, Kochi, as against the petitioners, are hereby quashed.

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