SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 5593

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
MANAF – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11390 OF 2025|CRIME NO.704/2023|CC NO.737 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.J.R.PREM NAVAZ, SHRI.SUMEEN S., SHRI.MUHAMMED SWADIQ, SHRI.ARJUN SAI KRISHNAN
For the Respondents: SHRI.AJOY VENU

Quashment of proceedings justified when disputes are settled amicably, especially in matrimonial cases.

Headnote:This judgement relates to a petition under Section 528 of B.N.S.S. by the accused concerning Crime No. 704 of 2023 pending as C.C. No. 737 of 2023. The petitioners argued that the dispute has been settled with the defacto complainant who filed an affidavit stating her intention to drop the case. The court found that the offences alleged, primarily matrimonial in nature, were amicably resolved, thereby necessitating the quashment of further proceedings. The primary issue was whether the case should proceed despite the amicable settlement between the parties, and the court concluded that the proceedings should be quashed to maintain harmony.

Table of Content
1. petition details and background of allegations. (Para 1 , 2)
2. settlement between parties leads to withdrawal of case. (Para 3 , 4 , 5)
3. court rationale for quashing proceedings. (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. 704 of 2023 of Ponnani Police Station, which is pending as C.C. No. 737 of 2023 on the file of Judicial First Class Magistrate Court-I, Ponnani. The offences alleged against the petitioners are under Sections 498A and 406 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, misappropriated her gold 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.2 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. 737 of 2023 on the file of Judicial First Class Magistrate Court-I, Ponnani arising from Crime No. 704 of 2023 of Ponnani Police Station, stands quashed under section 528 of B.N.S.S.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top