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2026 Supreme(Online)(Ker) 5579

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ANISH VETTATH – Appellant
Versus
TWINKLE MATHEW – Respondent
CRL.MC NO. 92 OF 2026 | CRIME NO.565/2024



Advocates:
For the Appellants/Petitioners: SMT.SMITHA VARGHESE
For the Respondents: SMT.C. SEENA

Quashing of proceedings under Section 528 of B.N.S.S. due to amicable settlement in matrimonial dispute.

Headnote:This judgment examines a petition filed under Section 528 of B.N.S.S. regarding proceedings against accused under Sections 498A & 406 IPC. The court finds that the dispute has been amicably settled between the defacto complainant and the accused. The court quashes all further proceedings in light of this agreement, maintaining that the case does not involve heinous offences and emphasizes the need for preserving familial harmony. The final conclusion allows the Crl. M.C and quashes proceedings as stated.

Table of Content
1. filing details and nature of allegations against the accused. (Para 1 , 2)
2. settlement of dispute between parties. (Para 3 , 4)
3. court's rationale for quashing proceedings. (Para 5 , 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 4 in Crime No.565/2024 of Thiruvambadi Police Station, which is pending as CC. No.383/2025 on the file of Judicial First Class Magistrate Court-II, Thamarassery. The offences alleged against the petitioners are under Sections 498A & 406 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.1 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. Both parties filed a joint statement endorsing the averments in the Criminal MC. According to the defacto complainant, 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 CC. No.383/2025 on the file of Judicial First Class Magistrate Court-II, Thamarassery, arising from Crime No.565/2024 of Thiruvambadi Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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