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2026 Supreme(Online)(Ker) 5594

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
DELIN WILLIAM FERNANDEZ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.RAVIVARMA V., SMT.ANJALI NARAYANAN, SRI.KISHOR B.
For the Respondents: SMT. LAYA SIMON

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 3 in Crime No. 1528 of 2023 of Museum Police Station, which is pending as C.C. No. 302 of 2024 on the file of the Chief Judicial Magistrate Court, Thiruvananthapuram. The offences alleged against the petitioners are under Sections 498A and 323 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 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 p

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