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2026 Supreme(Online)(Ker) 5112

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
JAVADKHAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9849 OF 2025 | CRIME NO.5/2021



Advocates:
For the Appellants/Petitioners: SRI.R.NIKHIL, SRI.B.THARIF
For the Respondents: SMT.K.K.NESNA

The court allows quashing of proceedings in marriage-related disputes when amicably settled to promote harmony.

Headnote:This case concerns a petition under Section 528 of B.N.S.S. regarding the quashing of proceedings in CC No.278/2021, relating to the allegations of cruelty under Section 498-A IPC. The accused argued that the dispute has been amicably resolved with the defacto complainant. The court found that the matter is not a heinous crime but a private dispute and thus allowed the petition to maintain harmony. The final outcome quashes all proceedings against the petitioners under the mentioned section.

Table of Content
1. a petition filed under section 528 of b.n.s.s. regarding the request to quash proceedings about familial disputes. (Para 1 , 2)
2. the defacto complainant has resolved the dispute amicably and does not wish to proceed with the case. (Para 3 , 4 , 5)
3. the court endorses the quashing of proceedings for maintaining harmony as the offense is not serious. (Para 6)

ORDER

Dated this the 29th day of January, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused 1 to 3 in Crime No.5/2021 of Poonthura Police Station, which is pending as CC. No.278/2021 on the file of Judicial First Class Magistrate Court-V, Thiruvananthapuram. The offence alleged against the petitioners are under Section 498-A 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 relatives subjected her to cruelty both physically and mentally on the ground of dowry and thereby they are alleged to have committed the aforesaid offence.

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 all 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 amicably 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 CC. No.278/2021 on the file of Judicial First Class Magistrate Court-V, Thiruvananthapuram, arising from Crime No.5/2021 of Poonthura Police Station, stands quashed under section 528 of B.N.S.S.

Sd/-

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