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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


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.

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 wit

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