2026 Supreme(Online)(Ker) 56020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Sudheesh – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 6862 OF 2026|CC NO.269 OF 2023|CRIME NO.55/2023
For the Appellants/Petitioners: Balasubramanyan
For the Respondents: Suhail M., Devadas H. Mallan
The High Court can exercise its inherent jurisdiction to quash criminal proceedings if the offences are not heinous, the parties have reached a bona fide settlement, and continuing the prosecution would not serve the ends of justice.
Headnote:(A) Criminal Procedure - Quashing of Proceedings - Settlement between parties - High Court may exercise its inherent powers to quash criminal proceedings in cases where the offences are not grave or heinous and the parties have amicably settled the dispute to secure the ends of justice. (Para 6, 7)
Issues: Whether the criminal proceedings can be quashed on the ground of a bona fide settlement between the accused and the victims.
| Table of Content |
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| 1. case background and the petition to quash proceedings based on settlement. (Para 1 , 2 , 3) |
| 2. confirmation of bona fide settlement by parties and the state. (Para 4 , 5) |
| 3. legal criteria for quashing criminal proceedings in non-heinous cases upon settlement. (Para 6 , 7) |
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.
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CRL.MC NO. 6862 OF 2026
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Dated this the 20th day of August, 2026
ORDER
1. The petitioners are the accused Nos.1 to 5 in C.C.No.269/2023 on the file of the Court of the Judicial First Class Magistrate-I, Mavelikkara, (Trial Court), which has originated from Crime No.55/2023 registered by the Mavelikkara Police Station, Alappuzha, alleging the commission of the offences punishable under Sections 143, 144, 146, 147, 148, 341, 294(b), 323, 324 and 326 read with Section 149 of the Indian Penal Code, 1860.
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 respondent Nos. 2 to 5, who have executed Annexures A3 to A6 affidavit, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the respondent Nos. 2 to 5.
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 respondent Nos. 2 to 5 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, Annexure A1 FIR, Annexure A2 Final Report in Crime No.55/2023 of the Mavelikkara Police Station and all further proceedings in C.C. No.269/2023 on the file of the Trial Court, as against the petitioners, are hereby quashed.