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2026 Supreme(Online)(Ker) 59254
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Akash K – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 5495 OF 2026
For the Appellants/Petitioners: Hilal Babu
For the Respondents: Alif K.S., Zubair Pulikool
The Court will not exercise its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash criminal proceedings in favor of a history sheeter, even if the dispute has been amicably settled between the parties.
Headnote:(A) Inherent Jurisdiction - Quashing of Criminal Proceedings - Settlement between parties - Exercise of power under Section 528 of BNSS - The Court is not inclined to exercise its inherent powers to quash criminal proceedings in favor of a history sheeter, notwithstanding an amicable settlement between the parties. (Para 4, 6)
Issues: Whether the inherent powers of the Court should be exercised to quash criminal proceedings based on a settlement when the petitioner is a history sheeter.
CRIME NO.371/2026 OF Thiruvallam Police Station,
Thiruvananthapuram
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Dated this the 9th day of September, 2026
ORDER
The petitioner is the first accused in CrimeNo.371/2026 registered by the Thiruvallam Police Station, Thiruvananthapuram District, alleging the commission of the offences punishable under Sections 296(b), 126(2), 115(2) and 110 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. 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 second respondent, who has executed Annexure A2 affidavit, affirming the settlement.
3. I have heard the learned counsel appearing for the petitioner, the learned Public Prosecutor, and the learned counsel for the second respondent.
4. The Investigating Officer has filed a report, inter alia, stating that the petitioner is a history sheeter. He is involved in five crimes registered by the Kovalam Police Station for allegedly committing various offences.
5. In State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] and Naushey Ali v. State of U.P. [(2025) 4 SCC 78], the Hon’ble Supreme Court has categorically held that this Court shall not exercise the inherent powers in favour of the history sheeter.
6. Taking into consideration the antecedents of the petitioner, I am not inclined to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Resultantly, the Crl.M.C is dismissed, but by reserving the right of the petitioner to raise all his contentions before the Trial Court.
