Court exercises inherent jurisdiction to end proceedings, promoting harmony and restoring peace among parties.
In a significant decision, the Kerala High Court, led by Justice C.S. Dias, has quashed the criminal proceedings against Tenny Joppen, who was implicated as the third accused in a case arising from Crime No.656/2013 registered by the Konni Police Station. The proceedings were related to alleged offences under Sections 406, 419, 420, and 201 read with Section 34 of the Indian Penal Code. The order was passed on July 15, 2026, in Crl.M.C. No. 5121 of 2026, marking a notable application of the court's inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The petitioner sought the quashing of the proceedings on the basis that the dispute with the second respondent had been amicably resolved, as evidenced by an affidavit dated July 6, 2026. The court considered submissions from both parties, represented by Smt. Soniya.M for the petitioner and Shri. P.Saju along with Public Prosecutor Sri. Devadas H. Mallan for the respondents.
Justice Dias underscored the principle that when offences alleged are not heinous and the parties involved have reached a genuine settlement, the continuation of criminal proceedings serves no constructive purpose. The court noted that the offences alleged did not involve grave societal concerns and that the settlement was conducive to promoting harmony and restoring peace, aligning with the guidance provided by previous Supreme Court rulings, including Gian Singh v. State of Punjab (2012) and State of Madhya Pradesh v. Laxmi Narayan (2019).
The judgment emphasized that the inherent powers of the High Court can be exercised to quash proceedings when the continuation of prosecution would merely burden the judicial process without advancing justice. This decision reflects the judiciary's role in facilitating resolutions that benefit societal harmony.
The Kerala High Court's ruling highlights the importance of the amicable settlement in criminal cases where the offences are not of a heinous nature. It underscores the judiciary's commitment to reducing unnecessary judicial burdens and fostering peace and reconciliation among parties.
Bottom line:-
Court can invoke its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash criminal proceedings if the dispute has been amicably settled between the parties, the offences alleged are not heinous, and continuation of proceedings would serve no fruitful purpose.
Statutory provision(s): Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 406, 419, 420, 201 read with Section 34 of the Indian Penal Code, 1860
Tenny Joppen v. State of Kerala, (Kerala) : Law Finder Doc id # 2941902
