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2026 Supreme(Online)(Ker) 56017

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Jhonson – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 6854 OF 2026



Advocates:
For the Appellants/Petitioners: Ansu Varghese
For the Respondents: Manu Ramachandran, Vimal Kumar S., Devadas H. Mallan

The High Court may exercise its inherent jurisdiction to quash criminal proceedings if the offenses are not heinous or serious, and the parties have reached a bona fide settlement, as continuing the prosecution would serve no fruitful purpose and burden the judicial process.

Headnote:(A) Inherent Jurisdiction - Quashing of Criminal Proceedings - Amicable settlement between parties in non-heinous offenses justifies the exercise of inherent powers to secure the ends of justice and prevent unnecessary judicial burden. (Para 6, 7)

Issues: Whether the criminal proceedings can be quashed based on an amicable settlement between the parties.

CRIME NO.408/2025 OF Venmani Police Station, Alappuzha

AGAINST THE ORDER/JUDGMENT DATED IN CC NO.820 OF 2025 OF JUDICIAL

MAGISTRATE OF FIRST CLASS -I, CHENGANNUR

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.

Dated this the 20th day of August, 2026

ORDER

The petitioner is the accused in C.C.No.820/2025 on the file of the Court of the Judicial First Class Magistrate - I, Chengannur, (Trial Court), which has originated from Crime No.408/2025 registered by the Venmani Police Station, Alappuzha, alleging the commission of the offences punishable under Sections 296(b), 351(2), 126(2), 115(2) and 329(3)of the Bharatiya Nyaya Sanhita, 2023.

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 3rd respondent, who has executed Annexure A3 affidavit, affirming the settlement.

I have heard the learned Counsel appearing for the petitioner, the learned Public Prosecutor, and the learned Counsel for the 3rd respondent.

The learned counsel on either side submits that, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The 3rd respondent 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 A1 FIR, Annexure A2 Final Report in Crime No. 408/2025 of the Venmani Police Station, Alappuzha and all further proceedings in C.C. No.820/2025 on the file of the Trial Court, as against the petitioners, are hereby quashed.

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