Kerala High Court Quashes Criminal Proceedings in Animal Cruelty and Negligence Case After Settlement.

Headnote:

The Kerala High Court exercised its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to quash criminal proceedings against the petitioner, who was accused of negligence and animal cruelty. The Court held that since the offences were not grave or heinous and the parties had amicably settled their dispute, the continuation of prosecution would serve no useful purpose. Accordingly, the FIR, final report, and all further proceedings were quashed to uphold justice and promote harmony between the parties.

Background:

1. The petitioner, Sibin B.S., was the third accused in Crime No. 527/2024 registered at the Museum Police Station, Thiruvananthapuram.
2. The case alleged offences under:
3. Sections 336, 338, and 289 read with Section 34 of the Indian Penal Code, 1860 (IPC) – acts endangering life or personal safety of others, causing grievous hurt by negligent act, and negligent handling of animals.
4. Sections 120(j), 120(n), and 122(l) read with Section 121(l) of the Kerala Police Act, 2011, and
5. Sections 21 and 22 of the Prevention of Cruelty to Animals Act, 1960.
6. The dispute arose from an incident involving alleged negligent handling of animals that led to injuries.
7. The petitioner approached the High Court under Section 528 of BNSS, stating that the matter had been amicably settled with the complainants (respondents 2 and 3), who had filed affidavits confirming the settlement.

Court’s Observations:

1. The counsel for both sides submitted that the dispute was resolved amicably with the help of relatives and well-wishers, and the complainants no longer had any grievance or intention to continue prosecution.
2. The Public Prosecutor, on instructions from the Investigating Officer, confirmed that the settlement was genuine and bona fide and that the State had no objection to quashing the case.
3. Justice C.S. Dias referred to key Supreme Court precedents governing quashing of criminal proceedings upon settlement, including:
4. Gian Singh v. State of Punjab [(2012) 10 SCC 303]
5. State of Madhya Pradesh v. Laxmi Narayan [(2019) 5 SCC 688]
6. Naushey Ali v. State of U.P. [(2025) 4 SCC 78]
7. The Court reiterated that in cases involving non-heinous offences without public interest implications, and where parties have genuinely reconciled, the High Court may invoke its inherent powers to quash proceedings to secure the ends of justice.

Decision:

The Court found that:

The alleged offences were not heinous or grave in nature.

No public or societal interest would be affected by quashing.

The possibility of conviction was remote in view of the settlement.

Continuing prosecution would burden the judicial process without advancing justice.

Observing that the settlement promotes peace and harmony, the Court allowed the Criminal Miscellaneous Case, quashing:

The Annexure A1 Final Report in Crime No. 527/2024, and

All further proceedings in C.C. No. 174/2025 pending before the Chief Judicial Magistrate, Thiruvananthapuram, against the petitioner.

Legal Provisions Discussed:

1. Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Inherent powers of the High Court to secure the ends of justice.
2. Sections 336, 338, 289, 34, IPC, 1860 – Negligent acts endangering life and safety.
3. Sections 120(j), 120(n), 122(l), Kerala Police Act, 2011 – Provisions relating to public safety and animal control.
4. Sections 21 & 22, Prevention of Cruelty to Animals Act, 1960 – Offences concerning animal cruelty.
5. Precedents: Gian Singh (2012), Laxmi Narayan (2019), Naushey Ali (2025) – Principles governing quashing of criminal proceedings upon compromise.

Citation: 2025:KER:81608

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

Court: High Court of Kerala at Ernakulam

Coram: The Honourable Mr. Justice C.S. Dias

Date of Decision: 30 October 2025

Criminal Miscellaneous Case No.: Crl.M.C. No. 8722 of 2025

Originating Case: Crime No. 527/2024, Museum Police Station, Thiruvananthapuram

Lower Court Reference: C.C. No. 174/2025, Chief Judicial Magistrate / Special Court for Trial of Cyber Crime, Thiruvananthapuram