Inherent powers may quash criminal proceedings when disputes are amicably settled and the offences are not grave, to secure the ends of justice.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 26^TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947 CRL.MC NO. 1516 OF 2026 CRIME NO.1326/2020 OF Hosdurg Police Station, Kasargod AGAINST THE ORDER/JUDGMENT DATED IN CC NO.561 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG PETITIONER/S:

1 FASALU RAHMAN P, AGED 36 YEARS S/O ABBAS, FASLU RAHMAN MANZIL, BAVA NAGAR, KANHANGAD KADAPURAM, KASARAGOD, PIN - 671531

2 ABDUL JALEEL B, AGED 38 YEARS S/O ATHUMAYI E.K, IRFAN MANZIL, BAVA NAGAR, KANHANGAD KADAPURAM,KASARAGOD, PIN - 671531

3 NOUSHAD. K, AGED 41 YEARS S/O KUNHABDULA,NIJJA MANZIL, BAVA NAGAR, KANHANGAD KADAPURAM,KASARAGOD, PIN - 671531

4 RIYAS C, AGED 41 YEARS S/O MOIDU HAJI C. H,SAREENA VILLA, BAVA NAGAR, KANHANGAD KADAPURAM,KASARAGOD, PIN - 671531 BY ADVS.

SRI.RAHUL SASI SMT.NEETHU PREM SMT.P.ARDRA MENON SHRI.ANANDHU S.

RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 ABDUL RAHMAN. N, AGED 52 YEARS S/O MAMMU, BAVA NAGAR, KANHANGAD VILLAGE, HOSDURG,KASARAGOD, PIN - 671315

3 SUBAIR. P, AGED 57 YEARS S/O MUHAMMED KALATHIL, KALATHIL HOUSE, MURIYANAVI, KANHANGAD VILLAGE, HOSDURG, KASARAGOD, PIN -

671315 BY ADV SHRI.MIDU DEV PREM OTHER PRESENT:

PP.SRI.M.P.PRASANTH 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.

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Crl. M.C No. 1516 of 2026 -----------------------------------------

Dated this the 26^th day of February, 2026

ORDER

The petitioners are the accused Nos. 1 and 4 in C.C No. 561/2021 on the file of the Court of Judicial Magistrate First Class – I, Hosdurg, (‘Trial Court’, for short), which has originated from Crime No. 1326/2020 registered by the Hosdurg Police Station, Kasaragod, alleging the commission of the offences punishable under Sections 143 , 147, 148, 341, 323 and 324 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 respondents nos. 2 and 3, who has executed Annexures A3 and A4 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 respondents nos. 2 and 3.

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 wou