SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 52144

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
AZARUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 7918 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.BINU V V VEETTIL VALAPPIL
For the Respondents: SRI.MANEKSHA D., SRI.U.JAYAKRISHNAN

The court has the authority to quash legal proceedings in cases of amicable settlement where the disputes are non-heinous and matrimonial.

Headnote:This is a petition filed under Section 528 of B.N.S.S. concerning the petitioners accused in Crime No.408 of 2025 for which proceedings are pending. The prosecution alleges cruelty and misappropriation of gold by the accused. However, a settlement has been reached with the victim, who affirms her intention to drop the case. The Public Prosecutor concurs, highlighting the case as a non-heinous matrimonial dispute. Thus, the court quashes all further proceedings, maintaining harmonious relations.

Table of Content
1. amicable settlement leads to quashing of proceedings. (Para 1 , 2 , 3 , 4 , 5)
2. non-heinous nature of dispute justifies court's intervention to quash proceedings. (Para 6)

O R D E R

This is a petition filed under Section 528 of B.N.S.S. , by the accused 1 to 3 in Crime No.408 of 2025 of Tirur Police Station, Malappuram, which is pending as C.P.No.53 of 2025 on the file of the Judicial First Class Magistrate’s Court, Tirur. The offences alleged against the petitioners are under Sections 316(2), 85 and

75(1)(i) r/w 3(5) BNS).

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 misappropriated her gold and thereby they alleged to have committed the aforesaid offence.

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 all 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 amicably 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.P.No.53 of 2025 on the file of the Judicial First Class Magistrate’s Court, Tirur arising from Crime No.408 of 2025 of Tirur Police Station, Malappuram, stands quashed under Section 528 of B.N.S.S.

Sd/-

C.PRATHEEP KUMAR JUDGE sp/20/11/2025 APPENDIX OF CRL.MC 7918/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF FIR IN CRIME NO. 408/2025 OF TIRUR POLICE.

Annexure 2 TRUE COPY OF FINAL REPORT IN CRIME NO.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top