The High Court can exercise its inherent powers under Section 528 of the BNSS to quash criminal proceedings, including those under Section 307 IPC, if the parties have settled amicably, the offence is not heinous, and continuing the trial would serve no purpose.

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 third accused in L.P.C. No.08/2023 on the file of the Court of Sessions, Kozhikode (‘Trial Court’, for short), which has originated from Crime No. 798/2016 registered by the Koyilandy Police Station, Kozhikode District, alleging the commission of the offences punishable under Sections 143, 147, 148, 341, 324 and 307 read with Section 149 of the Indian Penal Code.

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 4 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 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. The learned counsel for the petitioner further submits that the accused 1, 2 and 4, who faced the trial, have been honourably acquitted by Annexure 3 judgment since the injured had turned hostile to the prosecution. Furthermore, there is no specific overt against the petitioner. The learned counsel for the petitioner relies on the decision of the Honourable Supreme Court in Naushey Ali v. State of U.P . [(2025) KHC 6131] in support of the contention that there is no legal prohibition in this Court quashing criminal proceedings involving an offence under Section 307 of the Indian Penal Code/109 BNS. All that this Court has to look into is the surrounding circumstances, the nature of the weapon used and the nature of injuries suffered by the victim. According to the learned Counsel, the offence under Section 109 of the BNS is not attracted as against the petitioner.

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. He does not seriously dispute the submissions made by the learned counsel for the petitioner and the 2nd respondent.

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‘s case [supra], 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, the materials on record and the law on the point and particularly after going through the allegations in Annexure 1 FIR, Annexure 2 final report and on finding that the specific overt act of causing the grievous injury on the second respondent is attributed against the accused 1 and 2 and that the accused 1, 2 and 4 have acquitted by Annexure 3 judgment, I am satisfied that this is a fit case to exercise the inherent powers of this Court under Section 528 of the BNSS, particularly since there is no public interest or element of societal concern involved; the chances of conviction are remote in view of the settlement; and the continuation of the proceedings wou