2026 Supreme(Online)(Ker) 59256
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Jewel Jacob – Appellant
Versus
George T Ninan – Respondent
CRL.MC NO. 5990 OF 2026
For the Appellants/Petitioners: T.E. Ismail
For the Respondents: Sajan Vargheese K., Nayana Pradeep, Prince Mohandas
The High Court may exercise its inherent jurisdiction to quash criminal proceedings if the parties have reached a bona fide settlement, provided the offences are not heinous or serious and no public interest or societal concern is involved.
Headnote:(A) Quashing of Criminal Proceedings - Amicable Settlement - High Court may invoke its inherent powers to quash proceedings where the offences are not grave or heinous and the parties have amicably settled the dispute to secure the ends of justice, especially if continuation of prosecution serves no fruitful purpose. (Para 6)
Issues: Whether the criminal proceedings can be quashed on the ground of an amicable settlement between the parties.
OTHER PRESENT:
PP.SRI.DALBI EMMANUEL P,
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 sole accused in C.C. No.444/2019 on the file of the Court of the Judicial First Class Magistrate-II, Palakkad (‘Trial Court’, for short), which has originated from Crime No. 261/2019 registered by the Palakkad Town North Police Station, Palakkd District, alleging the commission of the offences punishable under Sections 294(b), 427 and 506(1) of the Indian Penal Code.
The petitioner has 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 petitioner and the respondents 1 and 3, who have executed Annexures A2and A3 affidavits, affirming the settlement.
I have heard the learned counsel appearing forthe petitioner, the learned Public Prosecutor, and thelearned counsel for the respondents 1 and 3.
The learned counsel on either side submitsthat, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The party respondents have no subsisting grievance and do not wish to pursue the prosecution, and have noobjection 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 CriminalMiscellaneous case being allowed.
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.
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 FIR and final report in Crime No. 261/2019 of the Palakkad Town North Police Station and all further proceedings in C.C. No. 444/2019 of the Trial Court, as against the petitioner, are hereby quashed.