Amicable settlement between parties can warrant quashing of criminal proceedings under IPC and domestic violence laws to prevent unnecessary judicial process.

ORDER

The petitioner is the accused in C.C.No.1188 of 2024 on the files of Judicial First Class Magistrate Court-II, Nedumangad. He faces criminal prosecution for the commission of offences under Section 498A IPC and Section 31 (1) of the Protection of Women from Domestic Violence Act , 2005.

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

3. Heard the learned counsel for the petitioner, the learned counsel for the 3rd respondent and the learned Public Prosecutor representing the State of Kerala.

4. The de facto complainant has filed an affidavit before this Court, stating that the issue has been amicably settled with the petitioner, and hence she is not interested in continuing the proceedings against the petitioner.

5. The learned Public Prosecutor, upon instructions, submitted that the de facto complainant had given statement to the Investigating Officer also, to the effect that the issue has been amicably settled with the petitioner, and hence she is not interested in continuing the criminal prosecution against the petitioner.

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 petitioner, 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 petitioner, has to be allowed.