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2025 Supreme(Online)(Ker) 52148

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
AHAMMAD MUBSHEER – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8875 OF 2025 | CRIME NO.269/2025



Advocates:
For the Appellants/Petitioners: SMT.NEELANJANA NAIR, SRI.R.UDAYA KUMAR, SHRI.SREERAJ M.D.
For the Respondents: SMT.APARNA NAIR, SMT.SREESHMA P.R., SRI.SANAL P.RAJ

Quashing of proceedings justified in matrimonial disputes settled amicably, emphasizing harmonious relationships.

Headnote:This judgment concerns a petition under Section 528 of the B.N.S.S. by the accused in a case involving allegations of dowry-related cruelty. The petitioner's request to quash further proceedings was supported by the defacto complainant, who stated that the dispute has been settled amicably. The Public Prosecutor also confirmed the settlement, indicating no further interest in prosecution. The court found the matter not to involve heinous crimes and emphasized the importance of maintaining harmonious relations. Consequently, the court quashed further proceedings.

Table of Content
1. dispute settled; further proceedings quashed. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. court allows the application. (Para 7)

O R D E R

This is a petition filed under Section 528 of B.N.S.S. , by accused Nos.1 to 3 in Crime No.269 of 2025 of Kumbala Police Station, Kasaragod, which is pending as C.P.No.27 of 2025 on the file of the Judicial First Class Magistrate’s Court-II, Kasaragod. The offences alleged against the petitioners are under Sections 85 , 110 and 115(2) of B.N.S.

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 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 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.P.No.27 of 2025 on the file of the Judicial First Class Magistrate’s Court-II, Kasaragod arising from Crime No.269 of 2025 of Kumbala Police Station, Kasaragod, stands quashed under Section 528 of B.N.S.S.

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