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2025 Supreme(Online)(Ker) 17622

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
ANILKUMAR, THEJUS, UNNIKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 3051/2025



Advocates:
For the Appellants/Petitioners: B.PRAMOD, ATHUL M.V., AJAY S. KOSHY
For the Respondents: AMAL JAYAPRAKASH

The court may quash criminal proceedings when the underlying issue is amicably settled between parties.

Headnote:The court analyzed the proceedings under Sections 296(b), 115(2), 118(1), 117(2), 126(2) and 324(4) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, considering that the petitioners have amicably settled the matter with the complainants. The primary question framed by the court was whether the prosecution can be quashed in light of the settlement, leading to the reasoning that continuation of the criminal proceedings would serve no purpose and impede harmony. The outcome was allowing the quashing of the proceedings against the petitioners, indicating that court intervention was necessary to prevent abuse of legal process and maintain social harmony.

Table of Content
1. case arose from private disputes amicably settled. (Para 1 , 2)
2. court received evidence of settlement from complainants. (Para 3 , 4 , 5)
3. court emphasized the importance of terminating prosecutions for harmonious relationships. (Para 6)

O R D E R

The petitioners are the accused Nos.1 to 3 in C.C.No.34/2025 on the files of the Judicial First Class Magistrate Court-II, Alappuzha, which arose out of Crime No.1070/2024 of Mararikkulam Police Station, Alappuzha. They face criminal prosecution for the commission of offences under Sections 296 (b), 115(2), 118(1), 117(2), 126(2) and

324(4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

2. In the present petition, the petitioners would contend that the issue involved in this case, has been amicably settled with the de facto complainant, and hence the proceedings against them are liable to be quashed.

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.

4. The de facto complainant, and the other persons aggrieved by the crime involved in this case, have filed affidavits before this Court, stating that the issue has been amicably settled with the petitioners, and hence they are not interested in continuing the proceedings against them.

5. The learned Public Prosecutor, upon instructions, submitted that the defacto complainant and the other aggrieved persons have given statements to the Investigating Officer also, to the effect that the issue has been amicably settled with the petitioners, and hence they are not interested in continuing the criminal prosecution against the petitioners.

6. The issue involved in this case is purely private in nature. Now that it has been amicably settled between the parties. Having regard to the above facts and circumstances of the case, I am of the view that no purpose would be fulfilled by the continuance of the prosecution against the petitioners, and hence it is highly necessary to terminate the prosecution proceedings to prevent abuse of process of court. Such a course is also required to maintain the harmonious relationship between the parties. Therefore, the prayer in this petition to quash the proceedings against the petitioners, has to be allowed.

In the result, the petition stands allowed. The proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.34/2025 on the files of the Judicial First Class Magistrate Court-II, Alappuzha in Crime No.1070/2024 of Mararikkulam Police Station, Alappuzha, are hereby quashed.

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