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

2026 Supreme(Online)(Ker) 59258

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Muhammed Mishab – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 6840 OF 2026



Advocates:
For the Appellants/Petitioners: Muhasin K.M.
For the Respondents: Sayed Ummer Vasif Bafakky, Dalbi Emmanuel P

The High Court can exercise its inherent jurisdiction to quash criminal proceedings if the parties have reached a bona fide settlement and the alleged offences are not heinous or of a serious nature, ensuring the ends of justice and promoting harmony.

Headnote:(A) Inherent Jurisdiction - Quashing of Criminal Proceedings - Amicable Settlement - Where offences are not grave or heinous and parties have settled the dispute, the High Court may invoke its inherent powers to quash proceedings 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 petitioner and the de facto complainant.

Result: Allowed.

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 C.C.No.104/2025 on the file of the Court of the Judicial First Class Magistrate, Tirur (‘Trial Court’, for short), which has originated from Crime No. 1859/2024 registered by the Tirur Police Station, Malappuram District, alleging the commission of the offences punishable under Sections 318(4) and 336 of the Bharatiya Nyaya Sanhita, 2023.

2. 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 third respondent, who has executed Annexure A3affidavit, affirming the settlement.

3. I have heard the learned counsel appearing for thepetitioner, the learned Public Prosecutor, and the learned counsel for the third respondent.

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 party respondent has no subsisting grievance and does not wish to pursue the prosecution, and has 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 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 the prosecution 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 its inherent jurisdiction.

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

Accordingly, Annexure A1 FIR, Annexure A2 final report in Crime No.1859/2024 of the Tirur Police Station and all further proceedings in C.C. No. 104/2025 of the Trial Court, as against the petitioner, 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