The court can quash proceedings under Section 528 of B.N.S.S. when disputes are settled amicably and relate to non-heinous offences.

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 & 2 in Crime No.798/2020 of Nileswar Police Station, Kasargod, which is pending as SC. No.552/2023 on the file of Additional Sessions (Adhoc-II) Court, Kasargod. The offences alleged against the petitioners are under Sections 75, 87 of Juvenile Justice (Care and Protection of Children) Act.

2. The prosecution case is that the 1st accused who is the mother of two minor children abandoned them and went along with the 2nd accused on 24.10.2020 at 2.30 p.m., and thereby she 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 & 3 and that they 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/victims filed affidavits endorsing the averments in the Criminal MC. According to them, the dispute has been amicably settled and that they does not intend to proceed with the case and also that further proceedings in the case can be quashed. They have 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/victims are 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.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in SC. No.552/2023 on the file of Additional Sessions (Adhoc-II) Court, Kasargod, arising from Crime No.798/2020 of Nileswar Police Station, Kasargod, stands quashed under Section 528 of B.N.S.S.