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2026 Supreme(Online)(Ker) 5592

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ABDUL SALEEM – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11350 OF 2025|CRIME NO.884/2025



Advocates:
For the Appellants/Petitioners: SRI.MUDASSER AHAMED, SHRI.MUNEER AHMED
For the Respondents: SHRI.JAYKAR.K.S.

Quashing of proceedings is justified when disputes are amicably settled, and offences are not serious.

Headnote:This judgment addresses a petition under Section 528 of the B.N.S.S. for quashing proceedings against the petitioners. The facts reveal that the accused trespassed and caused injury to the complainant and his family. The court found that the dispute was amicably settled and quashing was necessary to maintain harmony. The court determined that the offences were not serious, allowing for the dismissal of the case.

Result: The Criminal Miscellaneous Case is granted, quashing all proceedings under Section 528 of B.N.S.S.

Table of Content
1. accused trespassed and caused injuries. (Para 1 , 2)
2. dispute amicably settled, no grievance. (Para 3 , 4)
3. court's rationale for quashing proceedings. (Para 5 , 6)

ORDER

Dated this the 29th day of January, 2026 The petitioners are the accused persons in Crime No. 884 of 2025 of the Pantheerankavu police station. They filed this petition under Section 528 of the B.N.S.S. , praying for quashing all further proceedings against them. The offences alleged against the petitioners are under Sections 110 , 118(1), 74, 3(5) and 332(c) of the BNS.

2. The prosecution case is that on 25.10.2025 at about 12.30 a.m., the accused persons trespassed into the residence of the defacto complainant, the 1st accused voluntarily caused hurt to the defacto complainant and when his mother intervened, the 2nd accused voluntarily caused hurt to the mother of the defacto complainant. The 3rd accused voluntarily caused hurt to the brother of the defacto complainant. It is also alleged that, if the blow inflicted by the 1st accused towards the neck of the defacto complainant had not been blocked, the same would have even resulted in causing his death.

3. According to the petitioners, the dispute has been amicably settled with the defacto complainant/victim/respondent No. 2 and that he 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/victim filed affidavit endorsing the averments in the Criminal MC. According to him, the dispute has been amicably settled and that he does not intend to proceed with the case and also that further proceedings in the case can be quashed. He has no further grievance against the petitioners.

5. Though the offence under section 110 of the BNS is also involved, the defacto complainant has not sustained any serious injuries. Moreover, the learned Public Prosecutor upon instructions submitted that there is no other criminal cases against the petitioners.

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 Crime No. 884 of 2025 of the Pantheerankavu police station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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