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2026 Supreme(Online)(Ker) 5582

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
VIMALAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 232 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.K.V.ANIL KUMAR, SMT.RADHIKA S.ANIL, SHRI.NIJAZ JALEEL, SHRI.NEERAJ S.
For the Respondents: SHRI.MOHANAN M.K.

The court quashed proceedings based on an amicable settlement among parties to maintain harmony, emphasizing the nature of the offences as non-heinous.

Headnote:This judgment addresses a petition under Section 528 of B.N.S.S. concerning Crime No.770/2024, where the accused committed offences under Sections 294(b), 323 IPC, and Section 92 of the Rights of Persons with Disabilities Act. The court finds that the dispute has been amicably settled among the parties, leading to the decision to quash further proceedings. The key issues involve whether the settlement justifies quashing the case, with the court emphasizing preserving harmonious relationships among the parties as its rationale for the ruling. Ultimately, the court allows the Criminal Miscellaneous Case, quashing all proceedings against the petitioners.

Table of Content
1. accused filed a petition under section 528 due to amicable settlement. (Para 1 , 2)
2. dispute settled amicably; parties agreed to quash proceedings. (Para 3 , 4)
3. court emphasizes non-heinous nature of offences and need for harmonious relationships. (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 in Crime No.770/2024 of Kottarakkara Police Station, which is pending as S.C. No.1496/2025 on the file of IIIrd Additional Sessions Court, Kollam. The offences alleged against the petitioners are under Sections 294 (b) & 323 of IPC and Section 92 of the Rights of Persons with Disabilities Act .

2. The prosecution case is that on 03.04.2024 at about 6.00 p.m., the accused abused the defacto complainant who is his younger sister suffering from 60% mental disability, voluntarily caused hurt to her and also caused hurt to CWs 2 & 3 and thereby he is alleged to have committed the aforesaid offences.

3. According to the petitioner, the dispute has been amicably settled with the defacto complainant/victim/respondent No.3 to 5 and that they agreed to drop all further proceedings relating to the above dispute. Therefore, they prayed for quashing all further proceedings against them.

4. The defacto complainant/victims filed affidavits endorsing the averments in the Criminal MC. According to them, the dispute has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have no further grievance against the petitioner.

5. The learned Public Prosecutor, after getting instructions from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the defacto complainant/victim is not interested in continuing the prosecution against the petitioner.

6. Considering the fact that the offences involved in this case are not heinous and very serious, but purely of private in nature and now the dispute has been settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between the parties and also to prevent abuse of process of the court.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in S.C. No.1496/2025 on the file of IIIrd Additional Sessions Court, Kollam, arising from Crime No.770/2024 of Kottarakkara Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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