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2026 Supreme(Online)(Ker) 14277

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
ABDUL RAHIM SANAR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1411 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.NAHAS H., SHRI.SOORAJ SUNNY
For the Respondents: SMT.FARHANA K.H.

Court may quash proceedings under inherent jurisdiction if disputes are settled amicably and offences are not grave.

Headnote:The petitioner, second accused in Crime No. 65/2026, invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash proceedings due to an amicable settlement. The court found the offences not grave, emphasized the settlement's role in restoring peace, referencing the Supreme Court's position on inherent powers. The Crl. M.C. is allowed.

Table of Content
1. the initiation of criminal proceedings and subsequent settlement. (Para 1 , 2)
2. resolution of disputes through amicable agreements. (Para 3 , 4 , 5)
3. court finds justification for quashing in absence of grave offences. (Para 6 , 7)

ORDER

The petitioner is the second accused in Crime No.

65/2026 registered by the Pandalam Police Station, Pathanamthitta District, alleging the commission of the offences punishable under Sections 126 (2), 296(b), 118(1) and 115(2) of the Bharatiya Nyaya Sanhita, 2023 .

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 registration of the crime has been amicably settled between the petitioner and the second respondent, who has executed Annexure A2 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 second 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 and all further proceedings in Crime No. 65/2026 of the Pandalam Police Station, as against the petitioner, are hereby quashed.

SD/-

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