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2025 Supreme(Online)(Ker) 53103

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SAHEER V.A – Appellant
Versus
SAFIYA – Respondent
CRL.MC NO. 10088 OF 2025 | CRIME NO. 1749/2024 | CC NO. 190 OF 2025



Advocates:
For the Appellants/Petitioners: P.A.ISMAIL KHAN
For the Respondents: U.JAYAKRISHNAN

Quashing of proceedings is permitted in non-heinous matrimonial disputes upon amicable settlement between parties.

Headnote:The Court examined the application under Section 528 of B.N.S.S. concerning Crime No.1749/2024, highlighting that the accused is alleged to have committed offences of cruelty. The parties reached an amicable settlement, and the complainant expressed no intention to continue proceedings. The Court determined that the allegations were not grievous, thus allowing quashment to foster harmony. The Crl. M.C is granted, quashing further proceedings against the accused.

Table of Content
1. parties reached an amicable settlement in a matrimonial dispute. (Para 1 , 2 , 3 , 4 , 5)
2. court emphasized the importance of maintaining harmony between parties. (Para 6)
3. crl. m.c granted, quashing further proceedings. (Para 7)

ORDER

Dated this the 25th day of November, 2025 This is a petition filed under Section 528 of B.N.S.S., by the accused in Crime No.1749/2024 of Aluva East Police Station, which is pending as CC. No.190/2025 on the file of Judicial First Class Magistrate Court-I, Aluva. The offences alleged against the petitioner are under Sections

85, 115(2), 351(1) of BNS.

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, voluntarily caused hurt to her, intimidated her and thereby he alleged to have committed the aforesaid offences.

3. According to the petitioner, 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 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.190/2025 on the file of Judicial First Class Magistrate Court-I, Aluva, arising from Crime No.1749/2024 of Aluva East Police Station, stands quashed under Section 528 of B.N.S.S.

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