1. Petition under Section 528 BNSS to quash FIR based on alleged settlement of dispute. (Para 1 )
Back
Next 
2026 Supreme(Online)(Ker) 65121
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Muhammed Shuhaib – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 984 OF 2026
Advocates:
For the Appellants/Petitioners: Hamzath Ali V.K., Ayisha Afrin A.V.K., Muhammad Shameel K., Abdulla Fuhad K., Ayisha Thasleema N.P., Helan Paul, Aleena Angel Prince
For the Respondents: Arjun C Bhaskar, Mohammed Shad K.A.
For the Appellants/Petitioners: Hamzath Ali V.K., Ayisha Afrin A.V.K., Muhammad Shameel K., Abdulla Fuhad K., Ayisha Thasleema N.P., Helan Paul, Aleena Angel Prince
For the Respondents: Arjun C Bhaskar, Mohammed Shad K.A.
A petition to quash an FIR based on an amicable settlement cannot be granted if the respondent fails to appear before the court to confirm the settlement, as the court cannot assume the validity of the compromise in the absence of the party.
Headnote:(A) Quashing of FIR - Amicable Settlement - Non-appearance of the respondent - Where the respondent fails to appear before the Court to confirm the factum of settlement, the petition for quashing the FIR on the grounds of compromise cannot be allowed. (Para 5)
Issues: Whether the FIR can be quashed on the basis of a settlement when the respondent fails to appear before the Court to verify the same.
Legal Category Hierarchy
Table of Contents
2. Petitioner asserted settlement, respondent's counsel stated respondent's whereabouts unknown and unwilling to settle. (Para 2 , 3 , 4 )
3. Court assumed respondent not ready for settlement due to non-appearance despite opportunity to verify. (Para 5 )
4. Court cannot quash proceedings under Section 528 BNSS when the complainant is not ready for a settlement. (Para 5 )
5. Petition dismissed reserving petitioner's right to pursue remedies in accordance with law. (Para 5 )
6. Can criminal proceedings be quashed under Section 528 BNSS based on an alleged settlement when the complainant is unwilling?
No. The court cannot quash proceedings under Section 528 BNSS when the complainant is not ready for a settlement and does not appear to confirm it. (Para 5 )
OTHER PRESENT:
PP SRI DEVADAS H MALLAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.S.DIAS, J.---------------------------------------------Crl.M.C. No.984 of 2026 -----------------------------------------------Dated this the 1st day of October, 2026
ORDER
This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) to quash Annexure A1 FIR and all further proceedings in Crime No.1037/2024 registered by the Mathilakom Police Station, Thrissur, on the assertion that the dispute that led to the registration of the crime has been amicably settled between the petitioner and the 2nd respondent, who has sworn Annexure A2 affidavit.
2. When this petition came up for consideration on 03.09.2026, it was informed that the dispute between the parties has been amicably settled. Consequently, the learned Public Prosecutor was directed to ascertain whether the 2nd respondent was ready for a settlement.
3. On 28.09.2026, the learned Public Prosecutor submitted that the 2nd respondent is not ready for a settlement. Consequently, this Court directed the 2nd respondent to be present before this Court to ascertain whether he is ready for a settlement and the case was posted to today.
4. Today when the case was taken up for consideration, the learned Counsel for the 2nd respondent submits that the the whereabouts of the 2nd respondent is not known.
5. In view of the non-appearance of the 2nd respondent before this Court, it is assumed that the 2nd respondent is not ready for a settlement. In the aforesaid circumstance, this petition is dismissed, but by reserving the right of the petitioner to work out his remedies in accordance with law.
