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2026 Supreme(Online)(Ker) 13995

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
JAYAKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1278 OF 2026 | CRIME NO.1418/2023



Advocates:
For the Appellants/Petitioners: T.P.PRADEEP
For the Respondents: T.K.BIJU (MANJINIKARA)

Inherent jurisdiction to quash proceedings when disputes are settled amicably and not of a grave nature.

Headnote:This case concerns a Criminal Miscellaneous Case under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the petitioners were accused of offenses under IPC Sections 294(b), 323, 341, 506(i) r/w 149. The parties settled their disputes amicably, and the State had no objection to quash the proceedings. The court held that offences were not grave, and quashing the charges would promote justice and harmony amongst the parties. The court concluded by allowing the petition, quashing the FIR and further proceedings.

Table of Content
1. accused petitioners seek quashing of fir based on amicable settlement. (Para 1 , 2)
2. both parties and the state submit no objection to quashing. (Para 3 , 4 , 5)
3. non-heinous nature of offence and promotion of harmony among parties. (Para 6 , 7)

C.S.DIAS, J.

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

Crl. M.C No. 1278 of 2026 -----------------------------------------

Dated this the 26th day of February, 2026

ORDER

The petitioners are the accused Nos. 1 to 5 in C.C.No.656 / 2024 on the file of the Court of Judicial Magistrate of First Class – I, Pathanamthitta, (‘Trial Court’, for short), which has originated from Crime No. 1418/2023 registered by the Pathanamthitta Police Station, alleging the commission of the offences punishable under Sections 294 (b), 323, 341, and 506 (i)

r/w Section 149 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 the

2nd respondent, who has executed Annexure A2 a 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 submits that, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The party 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 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 A1 FIR Final Report in Crime No. 1418/2023 registered by the Pathanamthitta Police Station and all further proceedings in C.C No. 656 / 2024 of the Trial Court, as against the petitioners, are here by quashed.

Sd/-

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