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2026 Supreme(Online)(Ker) 5219

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
RATHEESH – Appellant
Versus
THE STATE OF KERALA – Respondent
CRL.MC NO. 8509 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.A.C.DEVY, SRI.K.R.RAMISH
For the Respondents: SRI. BREEZ M.S, SR. PUBLIC PROSECUTOR, SRI.P.JAYAN TOMY, SRI.N.D.VINCENT

The amicable settlement between the parties can lead to the quashing of criminal proceedings.

Headnote:The judgment addresses the quashing of proceedings under Sections 324 and 307 IPC against a petitioner accused of attempting to harm his mother. The Court finds that the mother, who is also the de facto complainant, has amicably settled the dispute, as confirmed in her affidavit. The Public Prosecutor supports this view, noting no other criminal cases against the petitioner. Resultantly, the Crl.M.C is allowed and all proceedings quashed.

Table of Content
1. details regarding the accusation against the petitioner. (Para 1 , 2)
2. efforts made towards amicable settlement of the dispute. (Para 3 , 4)
3. public prosecutor's support for the petitioner's argument based on maternal affidavit. (Para 6)
4. quashing of charges based on reconciliation. (Para 7)

ORDER

Dated this the 28th day of January, 2026 The petitioner is the sole accused in Crime No.922 of

2021 of Chalakudi Police Station. He filed this Crl.M.C under Section 482 of the Cr.PC, praying for quashing all further proceedings in the above crime. The offences alleged against the petitioner are under Sections 324 and 307 of the Indian Penal Code .

2. The prosecution case is that, on 30.11.2021, at about

10:30 am, the accused with the intention to do away with his mother, aged 70 years, inflicted grievous injuries behind her neck and face, using a chopper 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 petitioner and his mother is settled amicably and that, now they are living happily. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The de facto complainant/2nd respondent affidavit stating that the dispute between herself and the petitioner was settled and that she does not want to proceed against the petitioner.

5. The learned Public Prosecutor opposed the prayer.

However, upon instructions, the learned Public Prosecutor submitted that the de facto complainant/2nd respondent had given signed statement to the SHO, in tune with the averments in the affidavit filed before this Court.

6. In this case, the offence under Section 307 IPC is also involved. The allegation is that the petitioner, who is the son of the de facto complainant, attempted to do away with his mother, aged 70 years. Now the entire dispute between the mother and son is settled. The learned Public Prosecutor upon instructions submitted that now they are living together without any dispute. In the statement given by the mother, she stated that now she is being looked after by her son, viz. the petitioner. The learned Public Prosecutor also submitted that there is no other criminal case against the petitioner.

7. In the light of the above circumstances, I am inclined to allow the Crl.M.C, though the offence under Section 307 IPC is also involved.

In the result, this Criminal Miscellaneous Case is allowed.

All further proceedings against the petitioner, in pursuance to Crime No.922 of 2021 of Chalakudi Police Station, is quashed.

Sd/-

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