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2025 Supreme(Online)(Ker) 52152

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SHAJI T R – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9213 OF 2025|CRIME NO.656/2023|CC NO.872 OF 2023



Advocates:
For the Appellants/Petitioners: SHRI.ANTONY NILTON REMELO, SHRI.ANTONY NIKHIL REMELO
For the Respondents: SRI.SACHU THOMAS, SRI.A.VIPIN NARAYAN, SR.PP

Quashing criminal proceedings is justified when parties amicably settle personal disputes and continue prosecution is not in public interest.

Headnote:This is a petition filed under Section 528 of B.N.S.S. concerning Crime No.656 of 2023, where the accused is charged under Sections 323 and 294(b) IPC for personal disputes. The prosecution was supported by affidavits from the de facto complainants indicating resolution of the dispute amicably. The Court quashed proceedings as they were of private nature and aimed to maintain harmony. The main issue revolved around whether the charges should continue despite the resolution of private disputes, highlighted by the court’s observations on the nature of offences involved. The court reasoned that public interest is served by quashing proceedings if both parties agree to dismiss the charges. Resultantly, the court allowed the application, quashing all further proceedings in the case as sought by the petitioner.

Table of Content
1. petition filed under b.n.s.s. (Para 1 , 2)
2. disputes settled, no further grievance. (Para 3 , 4 , 5)
3. court quashes criminal proceedings. (Para 7)

O R D E R

This is a petition filed under Section Section 528 of B.N.S.S. , by the accused in Crime No.656 of 2023 of Panangad Police Station, Ernakulam, which is pending as CC. No.872 of 2023 on the file of the Judicial First Class Magistrate’s Court-VIII, Ernakulam. The offences alleged against the petitioner are under Sections 323 and 294(b) IPC.

2. The prosecution case is that on 23.04.2025 at about

5 p.m., the accused abused the defacto complainant in filthy words and voluntarily caused hurt to her and thereby the accused alleged to have committed the aforesaid offences.

3. According to the petitioner, the dispute has been settled with the defacto complainants/respondent Nos.3 and 4 and all of them 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 complainants/respondents 3 and 4 filed affidavits endorsing the averments in the Criminal MC. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have 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 settled between the parties and that the victims are not at all interested in continuing the prosecution against the petitioner. 6. 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.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.872 of 2023 on the file of the Judicial First Class Magistrate’s Court-VIII, Ernakulam arising from Crime No.656 of 2023 of Panangad Police Station, Ernakulam, stands quashed under Section 528 of B.N.S.S.

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