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2026 Supreme(Online)(Ker) 5589

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
NAHAS HASHIM – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10595 OF 2025 | CRIME NO.312/2023



Advocates:
For the Appellants/Petitioners: SRI.ARUN CHAND, SHRI.VINAYAK G MENON, SHRI.BHARAT VIJAY P., SHRI.THAREEQ ANVER, SMT.MINU VITTORRIA PAULSON, SMT.ARCHANA P.P., SMT.SHEHROON PATEL A.K.
For the Respondents: SMT.NEETHU S.

Court quashed proceedings for mutual settlement in a non-heinous matrimonial dispute.

Headnote:This is a petition under Section 528 of B.N.S.S., seeking quashment of proceedings in Crime No. 312/2023, accused Nos. 1 to 4. The prosecution alleges cruelty under IPC Sections 498A, 323, and 294(b). The dispute was amicably settled with the victim, who expressed no interest in continuing the case. The court noted the nature of the offence as non-heinous and deemed quashment necessary for maintaining harmony. In the result, this Crl.M.C is allowed, quashing all further proceedings against the petitioners.

Table of Content
1. mutual settlement expressed by victim. (Para 1 , 2 , 3 , 4 , 5)
2. non-heinous nature of dispute warrants quashing. (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 accused Nos. 1 to 4 in Crime No. 312 of 2023 of Kilikolloor Police Station, which is pending as C.C. No. 878 of 2023 on the file of the Judicial First Class Magistrate Court-I, Kollam. The offences alleged against the petitioners are under Sections 498A, 323 and 294(b) r/w 34 of the 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, voluntarily caused hurt to her, abused her in filthy words 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. 3 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 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 C.C. No. 878 of 2023 on the file of the Judicial First Class Magistrate Court-I, Kollam arising from Crime No. 312 of 2023 of Kilikolloor Police Station, stands quashed under section 528 of B.N.S.S.

Sd/-

C. PRATHEEP KUMAR, JUDGE NJ APPENDIX OF CRL.MC NO. 10595 OF 2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE F.I.R. DATED

10/03/2023 IN CRIME NO.312/2023 OF KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT, ALONG WITH FIS Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 02/06/2023 IN ANNEXURE A1 CRIME NO. 312/2023 OF KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT Annexure A3 AN AFFIDAVIT DATED 12/09/2025 SWORN BY THE 3RD RESPONDENT SETTLING ALL THE DISPUTES WITH THE PETITIONERS HEREIN PURSUANT TO ANNEXURE A1 CRIME AND PROCEEDINGS THEREOF

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