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2026 Supreme(Online)(Ker) 31001

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



Advocates:
For the Appellants/Petitioners: Antony Nikhil Remelo, Della Mariam Thomas
For the Respondents: Shahanas Salma Abbas, M P Prasanth

The High Court may exercise inherent powers under Section 482 of the Cr.P.C. to quash non-compoundable criminal proceedings if the parties have reached an amicable settlement and it serves the interests of justice.

Headnote:The proceedings were initiated under Sections 323, 324, 341, 294(b), 506, and 34 of the Indian Penal Code. The parties entered into an amicable settlement, and the complainants expressed their intent not to pursue the criminal proceedings. The court observed that the dispute was personal and quashing the proceedings would not adversely affect public interest. The main issue was whether to quash non-compoundable criminal proceedings upon a settlement between the parties. The court relied on the ratio established in prior rulings that the power under Section 482 of the Code of Criminal Procedure can be invoked to secure the ends of justice and prevent the abuse of the process of court. The final result is that the petition is allowed and all further proceedings in the criminal case are quashed.

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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