Inherent powers under Section 528 can be denied if genuine settlement is contested and grievous injuries exist.

C.S.DIAS,J --------------------------------------------

CRL.MC NO. 10043 OF 2025 ---------------------------------------------

Dated this the 24th day of February, 2026

ORDER

The petitioner is the accused in Crime No.285/2025, registered by the Mattancherry Police Station, Ernakulam, alleging the commission of the offences punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023 , (' BNS ', in short).

2. The substratum of the prosecution case is that:

On 19.08.2025, at around 20.00 hours, the petitioner caught hold of the 3^rd respondent and stabbed him on his left rib with a knife and he suffered grievous injuries. Thus, the petitioner has committed the above offences.

3. The petitioner has invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (' BNSS ', in short), 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 3^rd respondent, who has executed Annexure-A2 affidavit, affirming the settlement.

4. I have heard the learned Counsel for the petitioner, the learned Senior Public Prosecutor and the learned Counsel for the 3^rd respondent.

5. The learned Public Prosecutor, on instructions, submits that, the 3^rd respondent has reported to the Investigating Officer that he is not ready for the settlement. It is without his knowledge that the criminal miscellaneous case has been filed. Moreover, she drew the attention of this Court to the accident-cum-wound certificate of the 3rd respondent, which shows that the 3^rd respondent has su injuries on the left side of his chest and over upper flank side. Therefore, Crl.M.C may be dismissed, since there is no genuine settlement arrived at between the parties.

6. In light of the above submission, and particularly the fact that the 3^rd respondent is not ready for the settlement, that the 3rd respondent has suffered grievous injuries, and the law laid down by the Honourable Supreme Court in State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] and Naushey Ali v. State of U.P. ((2025) KHC 6131], I am not inclined to exercise the inherent powers of this Court under Section 528 of the BNSS .

Resultantly, the Crl.M.C, is dismissed, but without prejudice to the right of the petitioner to raise all his contentions before the Trial Court.

Sd/-