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2026 Supreme(Online)(Ker) 4095

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
MUHSIN ABDULLA – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 183 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.P.VENUGOPAL
For the Respondents: SMT.SRILAKSHMI T.S, SMT.C SEENA (PP)

Matrimonial disputes can be amicably settled, allowing for quashing of criminal proceedings under specific statutory provisions.

Headnote:This judgment addresses a petition under Section 528 of B.N.S.S. regarding ongoing proceedings against accused in a case of cruelty and misappropriation stemming from a matrimonial dispute. The court notes a settlement between parties, leading to a decision for quashing proceedings based on preservation of personal harmony. The judgment concludes with an order allowing the quashment of charges in light of amicable resolution.

Table of Content
1. discussion on the petition and the background of the case. (Para 1 , 2 , 4 , 5)
2. court's observation on the nature of the dispute. (Para 6)

O R D E R

(Dated this the 27th day of January, 2026)

This is a petition filed under Section 528 of B.N.S.S. , by the accused Nos.1 to 4 in Crime No.1276 of 2024 of Vadakara Police Station, which is pending as CC. No.254 of 2025 on the file of Judicial First Class Magistrate Court, Vadakara. The offences alleged against the petitioners are under Sections 498A and 406 of IPC.

2. The prosecution case is that the 1st 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, misappropriated her gold 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/victim/ respondent No.3 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 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 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 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.254 of 2025 on the file of Judicial First Class Magistrate Court, Vadakara, arising from Crime No.1276 of 2024 of Vadakara Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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