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CDJ 2026 Ker HC 179
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| Case No : Crl.Mc No. 646 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE C.S. DIAS |
| Parties : Niyas & Others Versus State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam & Others |
| Appearing Advocates : For the Petitioners: V.S. Sabikh Mohammed, Jishnu Prasad, Advocates. For the Respondents: T.S. Febin Raj, M P Prasanth, Advocates. |
| Date of Judgment : 04-02-2026 |
| Head Note :- |
Bharatiya Nyaya Sanhita, 2023 - Sections 126(2), 115(2) and 351(2) r/w Section 3(5) -
Comparative Citation:
2026 KER 9483,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Sections 126(2), 115(2) and 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023
- Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
2. Catch Words:
settlement, inherent jurisdiction, quash, criminal proceedings
3. Summary:
The petitioners, accused in a criminal case, invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita to have the proceedings quashed, citing an amicable settlement with the respondents, who have executed affidavits confirming the settlement. Both parties, including the Public Prosecutor, affirmed that the dispute was resolved and there was no objection to quashing. The Court examined Supreme Court precedents on the inherent power to quash non‑heinous offences where parties settle. Finding the offences not grave, no public interest involved, and conviction unlikely, the Court held that continuation would only burden the judiciary. Accordingly, the Court exercised its inherent jurisdiction to quash the criminal miscellaneous case and all further proceedings against the petitioners.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. The petitioners are the accused 1 to 4 in C.C.No.1092/2024 on the file of the Court of the Judicial First Class Magistrate, Nilambur, which has arisen from Crime No.1030/2024 registered by the Edakkara Police Station, Malappuram, alleging the commission of the offences punishable under Sections 126(2), 115(2) and 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. The petitioners have 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 petitioners and the respondents 3 to 9, who have executed Annexures A3 to A9 affidavits, affirming the settlement.
3. I have heard the learned Counsel appearing for the petitioners, the learned Public Prosecutor, and the learned Counsel for the respondents 3 to 9.
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 respondents 3 to 9 have no subsisting grievance and do not wish to pursue the prosecution, and have 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.1030/2024 of the Edakkara Police Station and all further proceedings in C.C.No.1092/2024 on the file of the Court of the Judicial First Class Magistrate, Nilambur, as against the petitioners, are hereby quashed.
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