The inherent jurisdiction to quash proceedings is justified when parties settle non-grave matters amicably, securing justice.

ORDER

The petitioners are accused Nos. 1 to 3 in C.C. No.

305/2023 on the file of the Court of the Judicial First Class Magistrate-II, Perambra (‘Trial Court’, for short), which has been registered on the basis of a private complaint filed by the second respondent alleging the commission of the offences punishable under Sections 420 , 406, 417 and 418 read with Section 34 of the Indian Penal Code .

2. Today, when the Crl.M.C. was taken up for consideration, the learned counsel for the petitioners and the learned counsel for the second respondent submit that the subject matter in dispute between the parties has been amicably settled as per Annexure A6 memorandum of settlement agreement executed by the parties and countersigned by the respective counsel before the District Mediation Centre, Kozhikode.

3. I heard the learned counsel for the petitioners, 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.

6. On an overall consideration of the facts and circumstances of the present case and the materials on record, particularly after going through the memorandum of settlement agreement, 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 Private Complaint and all further proceedings in C.C. No. 305/2023 of the Trial Court, as against the petitioners, are hereby quashed.

Sd/-