1. Quashing of FIR alleging offences under sections of Bharatiya Nyaya Sanhita, 2023, based on amicable settlement. (Para 1 , 2 )
2026 Supreme(Online)(Ker) 64989
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Anandhu Biju – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7949 OF 2026 | CRIME NO.677/2025
For the Appellants/Petitioners: E.K. Sajna
For the Respondents: M. Manoj Kumar, 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 grave, heinous, or involve public interest, thereby securing the ends of justice.
Headnote:(A) Criminal Procedure - Quashing of Proceedings - Settlement between parties - 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 parties.
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2. Petitioner sought quashing due to settlement; second respondent affirmed no grievance; State reported genuine settlement. (Para 2 , 3 , 4 , 5 )
3. Offences not grave or heinous; no public interest; conviction remote; continuation would burden judicial process. (Para 6 , 7 )
4. High Court may quash proceedings in non-heinous, settled disputes to secure ends of justice. (Para 6 )
5. Can the High Court quash criminal proceedings based on a settlement between parties in non-heinous offences?
Yes, the High Court may invoke its inherent powers to quash proceedings when offences are not grave or heinous and parties have amicably settled the dispute. (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:
O R D E R
Dated this the 01st day of October, 2026
The petitioner is the 2nd accused in Crime No.677 of 2025 registered by the Thrikkakara Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 115(2), 118(1), 126(2) and 117(2)r/w 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 learned counsel on either side submits that, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The second 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-AI FIR and all further proceedings in Crime No.677/2025 of the Thrikkakara Police Station, Ernakulam as against the petitioner, are hereby quashed.