SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2026 Supreme(Online)(Ker) 57711

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Rithin Riyas – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 6927 OF 2026|CC NO.519 OF 2024|CRIME NO.63/2024



Advocates:
For the Appellants/Petitioners: Vivek P.K
For the Respondents: Shyam Kumar M.P, C.K. Prem Raj

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 genuine amicable settlement, thereby promoting harmony and preventing unnecessary burden on the judicial process.

Headnote:(A) Inherent Jurisdiction - Quashing of Criminal Proceedings - Amicable Settlement - The High Court may invoke its inherent powers to quash 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, especially when continuation of prosecution serves no fruitful purpose. (Para 6, 7)

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

OTHER PRESENT:

SENIOR PUBLIC PROSECUTOR-SRI.ZUBAIR PULIKOOL

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Dated this the 1st day of September, 2026

ORDER

The petitioners are accused Nos. 1 to 3 in C.C.No.519/2024 on the file of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam (‘Trial Court’, for short), which has originated from Crime No. 63/2024 registered by the Ernakulam Town South Police Station, Ernakulam District, alleging the commission of the offences punishable under Sections 323, 326, 341 and 506 read with Section 34 of the Indian Penal Code.

2. The petitioners have invoked the inherentjurisdiction 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 second respondent, who has executed Annexure A2affidavit, affirming the settlement.

3. I have heard the learned counsel appearing forthe petitioners, the learned Public Prosecutor, and thelearned counsel for the second respondent.

4. The learned counsel on either side submitsthat, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The party respondent has no subsisting grievance and does not wish to pursue the prosecution, and has no objectionto 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 CriminalMiscellaneous case being allowed.

6. The scope and ambit of the inherent powers ofthis Court to quash criminal proceedings on the ground of settlement between the parties have been authoritatively laid down by the 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 theprosecution would serve no fruitful purpose.

7. On an overall consideration of the facts andcircumstances 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 itsinherent jurisdiction.

In the result, the Crl. M.C. is allowed.

Accordingly, Annexure A1 final report in Crime No. 63/2024 of the Ernakulam Town South Police Station and all further proceedings in C.C. No. 519/2024 of the Trial Court, as against the petitioners, are hereby quashed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top