Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 51001

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
LISSYAMMA AGED 61 YEARS W/O K. K. RAJAN, KATTUNGAL HOUSE, JANATHA ROAD, ALUVA, ERNAKULAM DISTRICT, KERALA, INDIA – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 – Respondent
CRL.MC NO. 8130 OF 2025 | CRIME NO.914/2025

Advocates:
For the Appellants/Petitioners: SHRI.PRAVEEN S.
For the Respondents: SMT.AJISHA M.S.

Quashment of proceedings is permissible when the dispute is settled amicably and the offences are non-serious.

Headnote:The case involves a petition under Section 528 of the B.N.S.S. concerning Criminal Case No. 914/2025, where the accused allegedly trespassed and caused hurt due to personal enmity. The complainant affirmed that the dispute was amicably settled, leading to the petitioners seeking quashment of proceedings. The Public Prosecutor confirmed the settlement, indicating non-seriousness of offences, thereby warranting quashment for harmony. The petition is allowed, quashing all proceedings against the petitioners.

Table of Content
1. petition under section 528 of b.n.s.s. (Para 1 , 2 , 3 , 4 , 5)
2. quashment of proceedings due to amicable settlement. (Para 6)

ORDER

Dated this the 14^th day of November, 2025 This is a petition filed under Section 528 of B.N.S.S. , by the accused 1 to 3 in Crime No.914/2025 of Aluva Police Station. The offences alleged against the petitioners are under Sections 115(2), 332(c), 79, 3(5) of BNS.

2. The prosecution case is that on due to the enmity of the accused persons towards the defacto complainant as she divorced her husband on 19.04.2025 at about 8.30 p.m., they trespassed into her apartment, voluntarily caused hurt to her and insulted her modesty and thereby they are alleged to have committed the aforesaid offences.

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

4. The De facto complainant/victim filed affidavit endorsing the averments in the Criminal MC. According to her, the dispute 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 instructions from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the de facto complainant/victim is not interested in continuing the prosecution against the petitioners.

6. Considering the fact that the offences involved in this case are not heinous and very serious, but purely of private in nature and now the dispute has been settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between the parties and also to prevent abuse of process of the court.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in Crime No.914/2025 of Aluva Police Station, stands quashed under Section 528 of B.N.S.S.

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