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2026 Supreme(Online)(Ker) 13997

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
AKHIL G – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1423 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.SUKANYA S.
For the Respondents: PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, SMT.SEETHA S.

The High Court may exercise its inherent powers to quash criminal proceedings when parties have amicably settled their disputes and the offences are not grave.

Headnote:This case involves the invocation of inherent jurisdiction to quash criminal proceedings under Section 420 IPC, in light of an amicable settlement between parties as affirmed in their submitted affidavits. The court found that the alleged offences are not grave, and continuation of litigation would be unnecessary. The decision cites precedents affirming the role of the High Court in quashing proceedings to promote justice where disputes are settled amicably. The court concludes by quashing all related proceedings against the petitioner based on the agreement of the involved parties.

Table of Content
1. details of the initial accusation and petitioner's requests. (Para 1 , 2)
2. counsel submissions regarding the amicable resolution. (Para 3 , 4)
3. court's reasoning on inherent powers and the nature of offences. (Para 5 , 6 , 7)

C.S.DIAS, J.

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

Crl.M.C. No. 1423 OF 2026 -----------------------------------------------

Dated this the 26th day of February, 2026 ORDER The petitioner is the 2nd accused in CC No.271/2025 on the file of the Court of the Judicial First Class Magistrate-I, Kalamassery, which has originated from Crime No.1074/2024 registered by the Kalamassery Police Station, Ernakulam, alleging the commission of the offence punishable under Section 420 read with Section 34 of the Indian Penal Code .

2. The petitioner has 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 petitioner and the 3rd respondent, who has executed Annexure-4 affidavit, affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioner, the learned Public Prosecutor, and the learned Counsel for the 3rd 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 3rd 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-2 FIR, Annexure-3 Final Report and all further proceedings in CC No.271/2025 on the file of the Court of the Judicial First Class Magistrate-I, Kalamassery, as against the petitioner, are hereby quashed.

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