The High Court can exercise its inherent jurisdiction to quash criminal proceedings if the offences are not heinous, no public interest is involved, and the parties have reached a bona fide settlement, thereby promoting harmony and preventing unnecessary burden on the judicial process.

CRIME NO.1478/2025 OF Changanassery Police Station, Kottayam

AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.5 OF 2025 OF

JUDICIAL MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY

OTHER PRESENT:

PP.SRI.DEVADAS H. MALLAN, PP.SRI.DALBI EMMANUEL P

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.08.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.S.DIAS, J.

---------------------------------------------

Crl.M.C. No.1933 of 2026 -----------------------------------------------

Dated this the 20th day of August, 2026

ORDER

1. The petitioners are the accused 1 and 2 in Crl.M.P.No.5/2025 on the file of the Court of the Judicial First Class Magistrate-I, Changanacherry, which has given rise to Crime No.1478/2025 registered by the Changanacherry Police Station, Kottayam alleging the commission of the offences punishable under Sections 74 , 324(4) and 329(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. The petitioners have 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 petitioners and the respondents 3 and 4, on the basis of Annexure A3 settlement agreement.

3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the respondents 3 and 4.

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 respondents 3 and 4 have no subsisting grievance and do not wish to pursue the prosecution, and have 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, 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.

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, Annexures A1 private complaint, A2 FIR and all further proceedings in Crime No.1478/2025 registered by t