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2026 Supreme(Online)(Ker) 14280

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RATHEESAN M @ RATHEESH – Appellant
Versus
THE STATE OF KERALA – Respondent
CRL.MC NO. 1428 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.T.MADHU, SMT.C.R.SARADAMANI
For the Respondents: SHRI.THOMAS JOHN P.

The court may quash criminal proceedings if the offenses are minor and the disputes have been amicably settled, to avoid unnecessary judicial burden.

Headnote:This case examines the inherent jurisdiction of the court in quashing criminal proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, accused in S.C. No. 49/2022, sought this relief following an amicable settlement between the parties involved. The court found that the offenses alleged are not serious, and continuation of the proceedings would not serve justice. Key issues included the ability of the court to quash proceedings based on a settlement between the parties. The court’s reasoning was guided by precedents, emphasizing that when offenses are not grave, and disputes resolved amicably, quashing is warranted. The result was the allowance of the Crl. M.C., with the quashing of the FIR and all related proceedings against the petitioner.

Table of Content
1. case details indicate minor offenses and settlement. (Para 1 , 2)
2. counsels confirm settlement and lack of opposition. (Para 3 , 4 , 5)
3. inherent powers can quash minor, settled disputes. (Para 6 , 7)

ORDER

The petitioner is the first accused in S.C. No.

49/2022 on the file of the Special Court for Trial of SC/ST (POA) Act, 1989 (‘Trial Court’, for short) which has originated from Crime No. 213/2021 registered by the Chandera Police Station, Kasaragod District, alleging the commission of the offences punishable under Sections 341 , 323, 324, 506(i) and 294(b) read with Section 34 of the Indian Penal Code and section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 , 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 third respondent, who has executed Annexure A3 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 third 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, Annexure A2 Final Report in Crime No. 213/2021 of the Chandera Police Station and all further proceedings in S.C. No. 49/2022 of the Trial Court, as against the petitioner, are hereby quashed.

Sd/-

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