Quashing of proceedings under Section 528 of B.N.S.S when the parties have settled matters amicably.

O R D E R

This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No.70 of 2025 of Perinthalmanna Police Station, Malappuram, which is pending as C.P.No.19 of 2025 on the file of the Judicial First Class Magistrate’s Court-I, Perinthalmanna. The offences alleged against the petitioner are under 64(2) and 316(2)

of B.N.S.

2. The prosecution case is that the accused, after promising to marry the defacto complainant, had committed sexual intercourse with her, against her will, during the period from 22.01.2024 to 04.01.2025 and thereby the accused committed the offences alleged.

3. According to the learned Counsel for the petitioner, the matter has been settled with the defacto complainant and, therefore, the petitioner has approached this Court for quashing further proceedings against him.

4. The learned Public Prosecutor opposed this petition.

5. On a perusal of the First Information Statement, it can be seen that when the relationship between the petitioner and the defacto complainant commenced, the petitioner was a married person. Thereafter, they lived together for a considerable period, even after the petitioner obtained a divorce. Therefore, it can be seen that the relationship between the petitioner and the defacto complainant was a consensual one. The matter has now been settled between the petitioner and the defacto complainant. The defacto complainant has filed an affidavit stating that the matter has been settled and that she does not wish to proceed with the case against the petitioner

6. The learned Public Prosecutor, on instructions, submitted that the defaco complainant had given a signed statement to the Station House Officer concerned in tune with the averments in the affidavit.

7. 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 amicably settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between them and also to prevent abuse of process of the court.

8. In the result, this Crl.M.C is allowed. All further proceedings against the petitioners in C.P.No.19 of 2025 on the file of the Judicial First Class Magistrate’s Court-I, Perinthalmanna arising from Crime No.70 of 2025 of Perinthalmanna Police Station, Malappuram, stands quashed under Section 528 of B.N.S.S.