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2026 Supreme(Online)(Ker) 14296

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
NITHIN LAL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10050 OF 2025 | CRIME NO.685/2024



Advocates:
For the Appellants/Petitioners: SRI.P.K.SUBHASH, SMT.JENI JOHN
For the Respondents: SMT.SREELAKSHMI SABU

Inherent powers of the court can quash criminal proceedings on the basis of amicable settlement when offences are not serious and no public interest is involved.

Headnote:The petitioners, accused Nos. 1 and 2, sought to quash proceedings in C.C.No.3454 of 2024 under Sections 323, 324, 326 and 341 of the Indian Penal Code, on the basis of a settlement. The Court exercised its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, finding that the offences were not grievous, the Respondent had no objection to quashing, and the parties had amicably resolved their disputes. The main issue was whether inherent powers could be exercised to quash criminal proceedings due to a settlement, framed in terms of justice. The Court reasoned that no public interest was at stake and a continuation would burden the judicial process, thereby justifying the exercise of its powers in favor of settlement. The application was allowed, quashing the FIR and all further proceedings in the trial court as against the petitioners.

Table of Content
1. quashing proceedings (Para 1 , 2)
2. amicable settlement (Para 3 , 4 , 5)
3. inherent powers of court (Para 6 , 7)

O R D E R

The petitioners are accused Nos.1 and 2 in C.C.No.3454 of 2024 on the file of the Court of the Judicial Magistrate of First Class-II, Hosdurg ('Trial Court', in short), which has originated from Crime No.685 of 2024 registered by the Neeleswaram Police Station, Kasaragod alleging the commission of the offences punishable under Sections 323 , 324, 326 and 341 read with Section 34 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 2nd respondent, who has executed Annexure A6 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 2nd 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 2nd 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 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 A3 Final Report and all further proceedings in C.C. No.3454 of 2024 of the Trial Court, as against the petitioners, are hereby quashed.

Sd/-

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