Kerala HC Quashes Criminal Proceedings After Settlement Between Parties in Assault Case.

The Kerala High Court quashed criminal proceedings arising out of Crime No. 533/2020 of Kadavanthra Police Station after noting that the parties had amicably settled their dispute through mediation. The Court held that when offences are personal in nature and the complainant expresses no objection to the quashing of proceedings, the Court may exercise its inherent powers to secure the ends of justice.

1. The petitioners (accused Nos. 1 to 3) were facing trial in C.C. No. 449/2021 before the Judicial First Class Magistrate Court–VIII, Ernakulam, for offences under Sections 341, 323, and 506 read with Section 34 of the Indian Penal Code, 1860.
2. The prosecution alleged that on 30 September 2020, the accused wrongfully restrained, threatened, and assaulted the second respondent (defacto complainant), Sebastian Varghese.
3. During the pendency of the proceedings, both parties informed the Court of their willingness to resolve the dispute.
4. By an order dated 06 October 2025, the Court referred the parties for mediation, which resulted in a settlement agreement on the same date.
5. The complainant subsequently submitted that he had no objection to the case being quashed.

1. The Court observed that the dispute was purely personal in nature and that the settlement was reached voluntarily and in good faith.
2. It was noted that the mediator’s report confirmed the authenticity of the settlement and the consent of the defacto complainant.
3. The Court reiterated that in such cases, where continuation of proceedings would serve no fruitful purpose, it is appropriate to quash them to promote peace and harmony.
4. Finding no legal impediment, the Court invoked its powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the proceedings.

The High Court quashed all proceedings in C.C. No. 449 of 2021 pending before the Judicial First Class Magistrate Court–VIII, Ernakulam, arising from Crime No. 533 of 2020 of Kadavanthra Police Station.

Result: Criminal Miscellaneous Case Allowed – Proceedings Quashed.

1. Sections 341, 323, and 506 read with Section 34, Indian Penal Code, 1860 – Wrongful restraint, voluntarily causing hurt, criminal intimidation, and acts done by several persons in furtherance of common intention.
2. Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 – Power of the High Court to quash criminal proceedings.
3. Article 226, Constitution of India – High Court’s jurisdiction to issue writs.

Citation: 2025:KER:79705

Case: Rajesh P. & Ors. v. State of Kerala & Anr.

Court: High Court of Kerala at Ernakulam

Coram: The Honourable Mr. Justice Bechu Kurian Thomas

Date of Decision: 25 October 2025

Criminal Miscellaneous Case No.: Crl.M.C. No. 890 of 2025