A court may quash proceedings in a non-heinous matrimonial dispute if the parties have amicably settled their differences.

O R D E R

This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No.319 of 2022 of Pookkottumpadam Police Station, Malappuram, which is pending as CC.No.970 of 2022 on the file of the Judicial First Class Magistrate’s Court, Nilambur. The offences alleged against the petitioner are under Sections 498A , and

406 r/w Section 34 IPC .

2. The prosecution case is that the 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 offences.

3. According to the petitioners, the dispute has been amicably settled with the defacto complainant and that she had 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 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 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.970 of 2022 on the file of the Judicial First Class Magistrate’s Court, Nilambur, arising from Crime No.319 of 2022 of Pookkottumpadam Police Station, Malappuram, stands quashed under Section 528 of B.N.S.S.