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2025 Supreme(Online)(Ker) 52153

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
JUSTIN RAJAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9437 OF 2025 | CRIME NO.1193/2023



Advocates:
For the Appellants/Petitioners: KUM.NIHARIKA HEMA RAJ
For the Respondents: PUBLIC PROSECUTOR

Amicable settlement in dowry and cruelty cases can lead to quashing of proceedings.

Headnote:This judgment pertains to a petition under Section 528 of B.N.S.S. relating to Crime No.1193 of 2023, where the accused challenged proceedings relating to allegations under Section 498A r/w 34 IPC. The case, involving claims of cruelty and dowry, was amicably settled between the parties, with the affiant (defacto complainant) expressing no desire to continue proceedings. The court found the dispute not to be heinous but rather a matrimonial matter that required quashment for maintaining harmony. In the result, all proceedings against the accused were quashed under Section 528 of B.N.S.S.

Table of Content
1. amicable settlement of accusations (Para 1 , 2 , 3)
2. no further prosecution intended (Para 4 , 5)
3. harmony maintained (Para 6)
4. c. m.c granted (Para 7)

O R D E R

This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No.1193 of 2023 of Kanjiramkulam Police Station, Thiruvananthapuram, which is pending as CC. No.14 of 2024 on the file of the Judicial First Class Magistrate’s Court-III, Neyyattinkara. The offences alleged against the petitioners are under Section 498A 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 relative 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 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 CC. No.14 of 2024 on the file of the Judicial First Class Magistrate’s Court-III, Neyyattinkara arising from Crime No.1193 of 2023 of Kanjiramkulam Police Station, Thiruvananthapuram, stands quashed under Section 528 of B.N.S.S.

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