Kerala HC Quashes 2013 Criminal Case Against Accused No. 3 After Parties Settle Dispute Amicably

The Kerala High Court invoked Section 528 BNSS inherent powers to quash IPC cheating and criminal breach of trust proceedings after a genuine settlement was confirmed by all sides.

Justice C.S. Dias of the High Court of Kerala at Ernakulam, sitting singly, quashed all further proceedings in C.C. No. 400/2013 on the file of the Judicial First Class Magistrate-II, Pathanamthitta, as against the petitioner Tenny Joppen, accused No. 3 in the case. The order, passed on 15 July 2026, came after the complainant confirmed the settlement through an affidavit, the State reported no objection, and the Investigating Officer verified the settlement as genuine. The case, arising from Crime No. 656/2013 of Konni Police Station, Pathanamthitta, had been pending since 2013 on charges of criminal breach of trust, cheating by impersonation, cheating, and causing disappearance of evidence under Sections 406, 419, 420 and 201 read with Section 34 of the Indian Penal Code.

The Case Before the High Court

Tenny Joppen, aged 52, a resident of Pathanamthitta district, was arrayed as the third accused in criminal proceedings that originated from an FIR dated 14 June 2013 registered at Konni Police Station. The trial court taking cognisance was the Judicial First Class Magistrate-II, Pathanamthitta, where the matter was docketed as C.C. No. 400/2013.

The second respondent, Sreedharan Nair, aged 77, was the de facto complainant. With the intervention of relatives and well-wishers, the parties arrived at an amicable resolution. Sreedharan Nair executed an affidavit dated 6 July 2026 affirming the settlement and expressing that he had no subsisting grievance and did not wish to pursue the prosecution further.

Tenny Joppen then filed Crl.MC No. 5121 of 2026 invoking the inherent jurisdiction of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the final report and all proceedings in the trial court as against him.

The Legal Framework Invoked

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the inherent powers of the High Court to make orders necessary to prevent abuse of process of any court or to secure the ends of justice. The petitioner relied on this provision to seek quashing on the basis of the post-settlement position between him and the complainant.

Justice Dias referred to a line of Supreme Court decisions that have authoritatively settled the scope of this power. The bench cited Gian Singh v. State of Punjab [(2012) 10 SCC 303], State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688], and Naushey Ali v. State of U.P. [(2025) 4 SCC 78], among other pronouncements, as the governing framework.

The principle drawn from those decisions is that where offences are not grave or heinous, and where the parties have settled amicably, the High Court may quash proceedings if continuing the prosecution would serve no fruitful purpose and would merely burden the judicial process.

How the Court Reasoned

The Public Prosecutor, on instructions, informed the court that the Investigating Officer had reported the settlement to be genuine and bona fide. The State raised no objection to the petition being allowed. Counsel for the second respondent confirmed the same position.

Justice Dias then applied the settled criteria to the facts. Four specific findings supported allowing the petition: first, the offences alleged were not heinous or of a serious nature; second, no public interest or element of societal concern was involved; third, the chances of conviction were remote given the settlement; and fourth, continuation of the proceedings would burden the judicial process without advancing the cause of justice.

The court also took into account that the settlement would promote harmony between the parties and restore peace — a factor drawn from the same line of Supreme Court authority.

Taken together, Justice Dias held that this was a fit case to exercise inherent jurisdiction.

Outcome

The Criminal Miscellaneous Case was allowed on the same day it was admitted — 15 July 2026. The court quashed Annexure 1, being the final report and charge sheet in Crime No. 656/2013 of Konni Police Station, along with all further proceedings in C.C. No. 400/2013 of the Judicial First Class Magistrate-II, Pathanamthitta, as against the petitioner Tenny Joppen.