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2025 Supreme(Online)(Ker) 50996

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ANILKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1261 OF 2025 | CC NO.238 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.BIJU .C. ABRAHAM, SHRI.THOMAS C.ABRAHAM
For the Respondents: SHRI.BASIL MATHEW

Quashing of proceedings under Section 528 of B.N.S.S. is justified when parties amicably settle a matrimonial dispute.

Headnote:This is a petition filed under Section 528 of B.N.S.S. by the accused in Crime No.310/2023, alleging offences under Sections 498A, 323, 506(1), 294(b) r/w 34 IPC. The victims has settled the dispute amicably and executed an affidavit to drop further proceedings. The Public Prosecutor concurs that the victim does not wish to pursue the case, deeming the charges non-serious and maintaining the parties' relationship is priority. Quashing of proceedings is affirmed due to amicable settlement.

Table of Content
1. petition filed under section 528 of b.n.s.s. regarding matrimonial dispute. (Para 1 , 2)
2. affidavit from victim confirms amicable settlement. (Para 3 , 4)
3. public prosecutor acknowledges settlement, suggesting quashing. (Para 5 , 6)

ORDER

Dated this the 14th day of November, 2025 This is a petition filed under Section 528 of B.N.S.S. , by the accused 1 to 4 in Crime No.310/2023 of Vagamon Police Station, which is pending as CC. No.238/2023 on the file of Judicial First Class Magistrate Court-I, Peermade. The offences alleged against the petitioners are under Sections

498A, 323, 506(1), 294(b) r/w 34 IPC.

2. The prosecution case is that the 1st accused being the husband of the defacto complainant and the other accused being his relatives subjected her to cruelty both physically and mentally on the ground of dowry, voluntarily caused hurt to her, intimidated her and abused her in filthy words and thereby they alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been settled with the defacto complainant/victim/respondent No.2 and she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for quashing all further proceedings against them.

4. The Defacto complainant/victim filed affidavit endorsing the averments in the Criminal MC. According to her, the case has been amicably settled and that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioners.

5. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been settled between the parties and that the victim is not at all interested in continuing the prosecution against the petitioners.

6. Considering the fact that the offence involved in this case is not heinous and very serious, but purely a matrimonial and private dispute, which has been amicably settled between the parties, quashment of further proceedings is necessary for maintaining harmonious relationship between the parties.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.238/2023 on the file of Judicial First Class Magistrate Court-I, Peermade, arising from Crime No.310/2023 of Vagamon Police Station, stands quashed under section 528 of B.N.S.S.

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