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2026 Supreme(Online)(Ker) 25995

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MUHAMMED RIYAS @ PATTI RIYAS – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1806 OF 2026 | CRIME NO.1071/2023 | CC NO.3309 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.P.T.SHEEJISH, SHRI.ARSHAD AYYOOB K.H., SRI. HARIKIRAN M., SMT.SANDRA TOM, SRI.P.SREERAM, SHRI.YOOSUF SAFWAN T. AJMAL, SMT.PARVATHI, SMT.HARITHA SIVADAS, SHRI.ARAVIND R. NAIR, SHRI.SANDEEP A., SMT.HEERAKRISHNA T.H., SMT.ANJITHA M.K.
For the Respondents: SHRI.AJOY VENU

High Court may quash non-heinous criminal proceedings upon genuine amicable settlement between parties to secure justice.

Headnote:The petition invokes inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash proceedings in a case alleging offences under Sections 406, 420 IPC and Section 66D IT Act, originating from a crime registered at Valanchery Police Station. Essential facts involve a dispute amicably settled between parties, supported by affidavit. Court finds offences non-heinous, settlement genuine, no public interest involved, and continuation futile. Issues framed around scope of inherent powers to quash on settlement grounds. Ratio decidendi follows Supreme Court precedents holding High Courts may quash non-grave offences post amicable settlement to secure justice ends, as continuation burdens judicial process without purpose (paras 6-7). Criminal Miscellaneous Case allowed; FIR, Final Report, and all proceedings quashed against petitioner.

Table of Content
1. petition to quash proceedings post amicable settlement. (Para 1 , 2)
2. parties and state consent to quashing. (Para 3 , 4 , 5)
3. supreme court precedents on inherent quashing powers. (Para 6)
4. fit case for quashing non-heinous proceedings. (Para 7)

Dated this the 8th day of April, 2026 ORDER The petitioner is the accused in CC No.3309/2023 on the file of the Court of the Judicial First Class Magistrate-I, Tirur, which has originated from Crime No.1071/2023 registered by the Valancherry Police Station, Malappuram, alleging the commission of the offences punishable under Sections 406 and 420 of the Indian Penal Code and Section 66D of the Information Technology Act .

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 filing of the complaint has been amicably settled between the petitioner and the 2nd 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 2nd respondent.

4. The learned counsel on either side submit 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, inGian 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 and all further proceedings in CC No.3309/2023 on the file of the Court of the Judicial First Class Magistrate-I, Tirur, as against the petitioner, are hereby quashed.

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