SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 14279

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SALMAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1418 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.JISON JOY
For the Respondents: SMT.NANMA.B.B

The High Court can quash criminal proceedings based on amicable settlement when the offences are not serious, thereby promoting justice and harmony.

Headnote:The petitioners, accused No. 1 and 2, sought to quash proceedings in a case registered for offences under the Bharatiya Nyaya Sanhita, 2023, asserting amicable settlement with the injured parties, leading to non-pursuit of prosecution. The High Court acknowledged the Supreme Court's precedent allowing inherent powers to quash proceedings on settlement in non-serious offences, concluding that continuation of the case would be unwarranted. In light of the facts, the Crl. M.C. was allowed, and proceedings against the petitioners were quashed.

Table of Content
1. accused petitioners request to quash fir based on settlement. (Para 1 , 2)
2. counsels report resolution and non-objection from respondents. (Para 3 , 4 , 5)
3. court emphasizes jurisdiction in petty crimes under settlement. (Para 6 , 7)

ORDER

The petitioners are accused Nos. 1 and 2 in Crime No. 1015/2025 registered by the Karunagappally Police Station, Kollam District, alleging the commission of the offences punishable under Sections 296 (b), 351(2), 115(2) and 118(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 .

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 3 and 4, who have executed Annexures A2 and A3 affidavits, 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 3 and 4.

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 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 in Crime No. 1015/2025 of the Karunagappally Police Station and all further proceedings pursuant to it, as against the petitioners, are hereby quashed.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top