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2025 Supreme(Online)(Ker) 53757
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
A.SHAHUL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9086 OF 2025
For the Appellants/Petitioners: SRI.C.R.JAYAKUMAR, SRI.NOBEL RAJU, SMT.SANDRA SREEKUMAR
For the Respondents: SRI.M.RAJESH, PP-SRI.U.JAYAKRISHNAN
The court may quash proceedings if disputes are settled amicably and not of a serious nature.
Headnote:The court evaluated a petition filed under Section 528 where the accused, facing charges under various sections of NNS and IT Act, claimed a settlement with the victim, who confirmed that she no longer wished to pursue the case. The court found that the disputes were not heinous, leading to the decision to quash further proceedings, upholding the need for maintaining harmonious relations. The final ruling concluded that the proceedings against the petitioner were quashed as requested.
| Table of Content |
|---|
| 1. petition filed for quashing due to settled disputes. (Para 1 , 2) |
| 2. settlement agreed upon by victim and prosecution. (Para 3 , 4 , 5) |
| 3. court's discretion in quashing based on the nature of offences. (Para 6) |
O R D E R
(Dated this the 13th day of November, 2025)
This is a petition filed under Section 528 of B.N.S.S , by the accused in Crime No.933 of 2025 of Chithara Police Station. The offences alleged against the petitioner is punishable under Sections 75(1)(ii), 75(2), 78(1)(i), 78(2) of NNS and Sections 66E and 67 of IT Act, 2008 .
2. The prosecution case as revealed from the FIR is that during the period from Novermber, 2020 till the middle of the year 2022, the accused followed the defacto complainant, shared her private photographs from her mobile phone into his mobile phone, recorded her nacked videos into his mobile phone without her consent and posted those photos in social media and thereby he alleged to have committed the aforesaid offences.
3. According to the petitioner, the dispute has been settled with the defacto complainant and she 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/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 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 victim is not at all interested in continuing the prosecution against the petitioners.
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 settled between the parties, this is a fit case in which further proceedings can be quashed by invoking the inherent power of this court. Such a course is also required to maintain the harmonious relationship between the parties 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 petitioner in Crime No.933 of 2025 of Chithara Police Station, is quashed.
