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2026 Supreme(Online)(Ker) 4106

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SHANKER MANU J. – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11374 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.M.R.VENUGOPAL, SMT.DHANYA P.ASHOKAN (SR.)
For the Respondents: SHRI.B.SURJITH, SMT.RAHANA JOSE, SHRI.LIJO JOSEPH, SMT.AKSHAYA REGHU

Settlement between parties can lead to quashing of proceedings in non-serious matrimonial disputes.

Headnote:This is a petition filed under Section 528 of B.N.S.S. by accused Nos. 1 and 2 in Crime No. 872 of 2023, alleging offences under Sections 498A, 341, 323, 324 r/w 34 IPC. The prosecution alleges that the accused subjected the defacto complainant to cruelty for dowry. However, the defacto complainant has settled the dispute amicably and requested to quash further proceedings. The Public Prosecutor also confirmed this settlement. The Court finds the offence not serious and allows the petition for quashment.

Table of Content
1. nature of the petition and allegations. (Para 1 , 2)
2. amicable settlement and withdrawal of claims. (Para 3 , 4 , 5)
3. court's perspective on dispute seriousness. (Para 6)

ORDER

Dated this the 27th day of January, 2026 This is a petition filed under Section 528 of B.N.S.S. , by accused Nos. 1 and 2 in Crime No. 872 of 2023 of Mulanthuruthy Police Station, which is pending as C.C. No. 176 of 2024 on the file of Judicial First Class Magistrate Court, Piravom. The offences alleged against the petitioners are under Sections 498A , 341, 323, 324 r/w 34 IPC .

2. The prosecution case is that the 1st accused being the husband of the defacto complainant and the other accused being his relative subjected her to cruelty both physically and mentally on the ground of dowry, voluntarily caused hurt to her and thereby they alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been settled with the defacto complainant/victim/respondent No. 2 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 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.

In the result, this Crl.M.C is allowed. All further proceedings against the petitioners in C.C. No. 176 of 2024 on the file of Judicial First Class Magistrate Court, Piravom arising from Crime No. 872 of 2023 of Mulanthuruthy Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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