1. Petition to quash criminal proceedings alleging offences under IPC Sections 461, 380, and 201 based on settlement. (Para 1 , 2 )
2026 Supreme(Online)(Ker) 64987
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Aswathy – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7872 OF 2026|CRIME NO.2/2026|CC NO.230 OF 2026
For the Appellants/Petitioners: Habeeba Moosa
For the Respondents: P.S. Vishnu, Devadas H. Mallan
The High Court can exercise its inherent jurisdiction to quash criminal proceedings if the parties have reached an amicable settlement, provided the offences are not heinous or grave and no public interest is involved.
Headnote:(A) Criminal Procedure - Quashing of Proceedings - Amicable Settlement - High Court may exercise its inherent powers to quash criminal proceedings where the offences are not grave or heinous and the parties have amicably settled the dispute to secure the ends of justice. (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.
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2. Petitioner sought quashing based on amicable settlement; State confirmed genuine settlement and had no objection. (Para 2 , 4 , 5 )
3. Court found offences not heinous, no public interest involved, conviction remote, and proceedings burdensome. (Para 7 )
4. High Court may quash proceedings using inherent powers when offences are not grave and parties have settled. (Para 6 )
5. Can criminal proceedings be quashed based on settlement between parties?
Yes, if the offences are not grave or heinous and the settlement is genuine, the High Court may exercise inherent powers. (Para 6 , 7 )
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 01st day of October, 2026
The petitioner is the accused in C.C.No.230/2026 on the file of the Court of the Judicial First Class Magistrate-I, Kochi, (‘Trial Court’, in short), which has arisen from Crime No.02/2026 registered by the Kannamaly Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 461, 380 and 201 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 3rd respondent, who has executed Annexure-A3 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 3rd 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 3rd 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 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 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 and circumstances 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 First Information Report, Annexure-A2 Final Report in Crime No.02/2026 of the Kannamaly Police Station, Ernakulam, and all further proceedings in C.C.No.230/2026 on the file of the Trial Court, as against the petitioner, are hereby quashed.