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2026 Supreme(Online)(Ker) 5590

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SAKEER HUSSAIN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10694 OF 2025



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

The court emphasized the necessity for quashment of private offences to maintain harmonious relationships, especially when disputes are amicably settled.

Headnote:This judgment pertains to a petition filed under Section 528 of B.N.S.S. by the accused in Crime No.124/2022, alleging petty offences. The prosecution contended actions of the accused that included abuse and minor physical harm. The dispute was amicably resolved with the defacto complainant agreeing to drop further proceedings. The Court observed that such offences are of a private nature, warranting quashment to maintain harmony. The Court ultimately ruled in favor of the petitioner, allowing the petition and quashing the proceedings under Section 528 of B.N.S.S.

Table of Content
1. filing under section 528 and charges against the accused. (Para 1 , 2)
2. victim's statement and amicable resolution. (Para 3 , 4)
3. prosecutor's position on settlement and court's observations. (Para 5 , 6)
4. final verdict of the court allowing the petition. (Para 7)

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.124/2022 of Kilikolloor police station, which is pending as CC. No.266/2022 on the file of Judicial First Class Magistrate Court-I, Kollam. The offences alleged against the petitioner is under Sections 294(b), 323, 354 of IPC

2. The prosecution case is that on 05.02.2022 at about 10.00 a.m., the accused abused the defacto complainant using filthy words, outraged her modesty by tearing off her churidhar and voluntarily caused hurt to her 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 and that she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.

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 petitioner.

5. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the 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.

7. In the result, This Crl. M.C is allowed. All further proceedings against the petitioner in CC. No.266/2022 on the file of Judicial First Class Magistrate Court-I, Kollam, arising from Crime No.124/2022 of Kilikolloor police station, is quashed under Section 528 of B.N.S.S.

Sd/-

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