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2026 Supreme(Online)(Ker) 5109

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
.......... .......... .......... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 4963 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.BABU S. NAIR
For the Respondents: PUBLIC PROSECUTOR, SRI.SAIJO HASSAN, SRI.BENOJ C AUGUSTIN, SHRI.RAFEEK. V.K., SRI.U.M.HASSAN, SMT.AATHIRA SUNNY, SMT.BINCY JOB, SMT.N.KRISHNA OZHAKKANAT, SHRI.SHINIL PAUL MATHEWS, SMT.K.SARITHA, SHRI.SWATHY DAS

Settlement between parties is sufficient to quash proceedings in criminal cases, ensuring justice and avoiding unnecessary litigation.

Headnote:In this case, the petitioner, accused of serious offences under IPC Sections 376(2)(n), 506, and 323, sought to quash proceedings based on a settlement with the complainant. The Court observed the complainant had confirmed this settlement and stated that continuing proceedings would serve no purpose. Thus, the Court allowed the petition, quashing all further proceedings against the petitioner.

Table of Content
1. accused petitioned to quash proceedings against him. (Para 1 , 2)
2. parties settled dispute; complainant supports quashing. (Para 3 , 4)
3. court finds no useful purpose in continuing proceedings. (Para 6)

ORDER

Dated this the 29th day of January, 2026 The petitoner who is the sole accused in Crime No. 735 of 2022 of Ernakulam Town North police station filed this petition under Section 482 of the Cr.P.C praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 376(2)(n), 506, 323 r/w 34 of the IPC .

2. The prosecution case as revealed from the FIR is that, the accused with the intention to satisfy his sexual lust repeatedly sexually abused the defacto complainant, who was working as a homemaid in his house, intimidated her by threatening to publish her naked photographs, voluntarily caused hurt to her and thereafter intimidated to do away with her and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, the entire dispute between the parties were settled. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The learned counsel for the additional 3rd respondent/defacto complainant also submitted that the dispute between the defacto complainant and the petitioner has been settled and also that she has no objection in quashing all further proceedings against the petitioner.

She also filed an affidavit stating that the matter has been settled and also that she does not want to proceed against the petitioner.

5. The learned Public Prosecutor opposed the petition.

However, upon instructions he submitted that the defacto complainant has already given signed statement to the SHO in tune with the averments contained in the affidavit filed before this Court.

6. On a perusal of the FI statement, given by the defacto complainant, it can be seen that the relationship between the peitioner and the defacto complainant was a consensual one. In the above circumstances, no useful purpose will be served by continuing the proceedings against the petitioner and as such this Crl.M.C is liable to be allowed.

In the result, this Crl.M.C is allowed. All further proceedings against the petitioner in Crime No. 735 of 2022 of Ernakulam Town North police station, is quashed.

Sd/-

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