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2025 Supreme(Online)(Ker) 56439
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
BIJESH BIJU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10163 OF 2025
For the Appellants/Petitioners: RENJITH RAJAPPAN
For the Respondents: ARUN KUMAR M.A, A VIPIN NARAYAN
Quashing of criminal proceedings is appropriate when parties mutually agree to withdraw based on amicable settlement.
Headnote:The petitioners, accused in Crime No.257 of 2021, sought quashing of proceedings under Section 528 of B.N.S.S. The allegations included breaches of IPC sections concerning unlawful assembly and harm to individuals. The court found that the disputes were settled amicably. The critical questions revolved around the severity and nature of the accusations and the parties' mutual agreement to discontinue further proceedings. The ruling highlighted the necessity of quashing charges to preserve communal harmony and avoid court process abuse. Resultantly, the petition was allowed, quashing all proceedings against the petitioners.
| Table of Content |
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| 1. the nature of the disputes and the underlying allegations. (Para 1 , 2 , 3) |
| 2. the court's rationale for quashing proceedings based on mutual agreements. (Para 4 , 5 , 6) |
| 3. final judicial determination allowing the quashing. (Para 7) |
O R D E R
(Dated this the 27th day of November, 2025)
This is a petition filed under Section 528 of B.N.S.S. , by the accused Nos.1 to 8 in Crime No.257 of 2021 of Aralam Police Station, which is pending as CP. No.35 of 2025 on the file of Judicial First Class Magistrate Court, Mattannur. The offences alleged against the petitioners are under sections 143, 147, 148, 448, 341, 323, 324 and
326 r/w Section 149 of IPC .
2. The prosecution case is that on 19.09.2021 at about 8:30 p.m., accused persons formed themselves into an unlawful assembly armed with a deadly weapons, trespassed into the courtyard of the house of the CW2, voluntarily caused hurt to CW2 and when CW3 tried to save CW2, the 3rd accused hit him with an iron rod resulting in grievous injury to him and thereby they are alleged to have committed the aforesaid offences.
3. According to the petitioners, the dispute has been settled with the defacto complainant and victims 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 complainant and victims 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 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 victims are not 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, 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 CP. No.35 of 2025 on the file of Judicial First Class Magistrate Court, Mattannur arising from Crime No.257 of 2021 of Aralam Police Station quashed under Section 528 of B.N.S.S.
