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2025 Supreme(Online)(Ker) 52143

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ABDUL AZEEZ, AMINA V., ABDUL SALEEM, ABDUL RAHEEM – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 7663 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.BENSON AMBROSE
For the Respondents: SRI.ALWIN JOSEPH, SRI.D.VIPIN NARAYAN, SR.PP

The court recognizes the importance of amicable settlement in non-serious matrimonial disputes and quashes proceedings accordingly.

Headnote:This case involves a petition under Section 582 of B.N.S.S. filed by accused Nos. 1 to 4 in Crime No. 7 of 2023 pending as C.C. No. 54 of 2023, with allegations under IPC Sections 498A and 406. The prosecution alleges mental and physical cruelty regarding dowry. The parties have amicably settled the dispute, and the defacto complainant endorses this settlement. Given the non-serious nature of the dispute, the court quashed the proceedings to maintain harmony. In the result, this Crl.M.C is allowed.

Table of Content
1. petition under section 582 relating to matrimonial disputes. (Para 1 , 2)
2. dispute amicably settled, prosecution not interested. (Para 3 , 4 , 5)
3. court emphasizes amicable resolution's significance. (Para 6)
4. proceedings quashed based on settlement. (Para 7)

O R D E R

This is a petition filed under Section 582 of B.N.S.S. , by accused Nos.1 to 4 in Crime No.7 of 2023 of Manjeri Police Station, Malappuram, which is pending as C.C.No.54 of 2023 on the file of the Chief Judicial Magistrate’s Court, Manjeri. The offences alleged against the petitioners are under Sections 498A and 406 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 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.3 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.

7. In the result, this Crl.M.C is allowed. All further proceedings against the petitioners in C.C.No.54 of 2023 on the file of the Chief Judicial Magistrate’s Court, Manjeri, arising from Crime No.7 of 2023 of Manjeri Police Station, Malappuram, stands quashed under Section 582 of B.N.S.S.

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