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2026 Supreme(Online)(Ker) 55863

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Reji Paul – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 4037 OF 2026



Advocates:
For the Appellants/Petitioners: M. Baiju Noel
For the Respondents: Ieans C. Chamakkala, Zubair Pulikool

The High Court can exercise its inherent jurisdiction to quash criminal proceedings in non-heinous cases where the parties have reached an amicable settlement, as continuing the prosecution would serve no fruitful purpose and would burden the judicial process.

Headnote:(A) Inherent Jurisdiction - Quashing of Criminal Proceedings - Amicable Settlement - Where the offences alleged are not grave or heinous and the parties have resolved their disputes amicably, the High Court may invoke its inherent powers to quash the proceedings to secure the ends of justice and avoid unnecessary burden on the judicial process. (Para 6, 7)

Issues: Whether the criminal proceedings can be quashed on the ground of an amicable settlement between the complainant and the accused.

C.S.DIAS, J.

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Crl.M.C. No. 4037 of 2026

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Dated this the 21st day of August, 2026

O R D E R

The petitioner is the defacto complainant in C.C.No. 712 of 2022 on the file of the Court of the Judicial Magistrate of First Class, Irinjalakuda, which has arisen from Crime No.783 of 2020 registered by the Irinjalakuda Police Station, Thrissur, against respondents 3 to 6 (accused Nos.1 to 4) alleging the commission of the offences punishable under Section 420 of the Indian Penal Code.

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 registration of the crime has been amicably settled between the petitioner and the respondents 3 to 6, who are accused Nos.1 to 4 in the above crime.

I have heard the learned Counsel appearing for the petitioner, the learned Public Prosecutor, and the learned Counsel for the respondents 3 to 6.

The learned counsel on either side submits that, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The petitioner has no subsisting grievance and does not wish to pursue the prosecution, and has no objection to the proceedings being quashed.

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.

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.

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-1 FIR, Annexure-2 Final Report and all further proceedings in C.C.No.712 of 2022 of the Trial Court, as against the respondents 2 to 6 (accused Nos.1 to 4), are hereby quashed.

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