Kerala High Court on Quashing of Criminal Proceedings After Amicable Settlement.

Headnote:

The Kerala High Court exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to quash criminal proceedings after finding that the dispute between the parties had been amicably settled. The Court held that since the offences were neither grave nor of societal concern, and the continuance of prosecution would serve no purpose, the proceedings deserved to be quashed to promote harmony between the parties.

Background:

1. The petitioner, accused No. 3 in C.C. No. 174/2025 (arising out of Crime No. 527/2024, Museum Police Station, Thiruvananthapuram), faced allegations under Sections 336, 338 and 289 read with Section 34 IPC, Sections 120(j), 120(n) and 122(l) read with Section 121(l) of the Kerala Police Act, and Sections 21 and 22 of the Prevention of Cruelty to Animals Act.
2. The petitioner invoked Section 528 BNSS (analogous to Section 482 CrPC) seeking to quash the proceedings, submitting that the matter had been amicably settled with the complainants (respondents 2 and 3).
3. Affidavits confirming the settlement were filed by the complainants, stating they no longer had any grievance or objection to quashing the case.

Court’s Observations

The Court examined whether the case merited exercise of inherent jurisdiction under Section 528 BNSS in light of the parties’ compromise.

Relying on precedents —

Gian Singh v. State of Punjab (2012) 10 SCC 303

State of M.P. v. Laxmi Narayan (2019) 5 SCC 688

Naushey Ali v. State of U.P. (2025) 4 SCC 78

— the Court reiterated that High Courts may quash criminal proceedings to secure the ends of justice when:

the offences are not heinous or of public concern,

parties have voluntarily settled their dispute, and

the likelihood of conviction is remote.

Justice Dias noted that the alleged offences were not grave, no public interest was involved, and continuing the case would only burden the judicial system.

Observing that the settlement appeared genuine and bona fide, the Court held this to be a fit case for exercising inherent jurisdiction to quash the proceedings.

Decision:

1. The Final Report in Crime No. 527/2024 and all further proceedings in C.C. No. 174/2025 before the Chief Judicial Magistrate, Thiruvananthapuram, were quashed as against the petitioner.
2. The Court concluded that quashing the case would foster peace and goodwill between the parties.

Legal Provisions Discussed:

1. Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Inherent powers of the High Court.
2. Sections 336, 338 and 289 read with 34 IPC – Acts endangering life or personal safety of others; negligent acts.
3. Sections 120(j), 120(n), 122(l) read with 121(l) Kerala Police Act – Regulation of nuisance or dangerous acts involving animals.
4. Sections 21 and 22, Prevention of Cruelty to Animals Act – Penalties for cruelty to animals.

Citation: 2025:KER:81608

Case: Sibin B S v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Hon’ble Mr. Justice C.S. Dias

Date of Decision: 30 October 2025

Criminal Miscellaneous Case No.: 8722 of 2025