IN THE HIGH COURT OF KERALA AT ERNAKULAM
Syam Kumar V.M., J
Muhammed Niyas – Appellant
Versus
State Of Kerala – Respondent
CRL.MC NO. 3425 OF 2026|CC NO.520/2023|CRIME NO.1019/2023
| Table of Content |
|---|
| 1. nature of the criminal case and the prayer for quashing. (Para 1) |
| 2. court's power to quash proceedings based on amicable settlement in personal disputes. (Para 2 , 3 , 4) |
| 3. final order granting the relief of quashing. (Para 5) |
ORDER
Dated this the 26th day of May, 2026 This Crl.M.C. is filed by accused Nos.1 to 4 seeking to quash all further proceedings against the petitioners in C.C.No.520 of 2023 on the files of the Judicial First Class Magistrate Court - II, Ernakulam arising from Annexure A1 FIR and Annexure A3 Final Report. The offences alleged against the petitioners are punishable under Sections 323, 324, 341, 294(b), 506 and 34 of the Indian Penal Code.
2. The learned Public Prosecutor on instructions, submitted that a statement of the defacto complainants has been obtained confirming that an amicable settlement has been arrived at between the parties and the report that has been received from the concerned Police Station discloses the settlement between the parties as well as the intent of the de facto complainants not to proceed with the criminal proceeding further.
3. The Apex Court in Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] and in State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] has held that the High Court by invoking Section 482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under Section 320 of Cr.P.C. if it is warranted in the given facts and circumstances of the case or to ensure the ends of justice or to prevent abuse of process of any court.
4. The dispute in the above case is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to Annexures A1 and A3.
5. Hence, I deem it appropriate to quash all further proceedings in C.C.No.520 of 2023 on the files of the Judicial First Class Magistrate Court - II, Ernakulam, arising from Annexure A1 FIR and Annexure A3 Final Report.
The Crl.M.C. is allowed.
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