Quashing of criminal proceedings is permissible when parties amicably resolve disputes, particularly in non-serious matrimonial cases.

O R D E R

This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No.170 of 2022 of Vanitha Police Station, Pathanamthitta, which is pending as CC.No.151 of 2022 on the file of the Chief Judicial Magistrate’s Court, Pathanamthitta. The offence alleged against the petitioner is under Section 498A IPC .

2. The prosecution case is that the accused being the husband of the defacto complainant subjected her to cruelty both physically and mentally on the ground of dowry and thereby he alleged to have committed the aforesaid offence.

3. According to the petitioner, the dispute has been settled with the defacto complainant and she had agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.

4. The Defacto complainant 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 petitioner.

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 petitioner.

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 petitioner in CC.No.151 of 2022 on the file of the Chief Judicial Magistrate’s Court, Pathanamthitta arising from Crime No.170 of 2022 of Vanitha Police Station, Pathanamthitta, stands quashed under Section 528 of B.N.S.S.