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2026 Supreme(Online)(Ker) 5595

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
ABDUL MUNEER, SABEEL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11661 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.U.K.DEVIDAS, SMT.T.ANCY
For the Respondents: SMT.P.M.SHAHIDA

Private disputes can be quashed to maintain harmony when settled amicably, emphasizing non-heinous nature of offences.

Headnote:This judgment analyzes a petition under Section 528 of B.N.S.S. concerning allegations of trespassing and assault by the accused. The case's essential fact is that the dispute has been amicably settled, with affidavits filed by the defacto complainant and witnesses, agreeing to withdraw the proceedings. The court finds the offences to be non-heinous and private in nature, warranting the quashment of proceedings to maintain harmonious relationships. The court ultimately allowed the petition, quashing all proceedings against the petitioners.

Table of Content
1. accused petitioners involved in non-heinous offences. (Para 2 , 3)
2. settlement reached; affidavits indicate agreement. (Para 4 , 5)
3. court recognizes settlement importance to maintain harmony. (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 and 2 in Crime No. 259 of 2025 of Kalpakanchery Police Station, which is pending as C.C. No. 619 of 2025 on the file of Judicial First Class Magistrate Court, Tirur. The offences alleged against the petitioners are under Sections 329(4), 126(2), 296(b), 115(2), 118(1) and 3(5) of the BNS. 2. The prosecution case is that on 21.04.2025 at about 8.00 p.m., the accused persons trespassed into the residence of the defacto complainant and abused him in filthy words, voluntarily caused hurt to him and when CW2 intervened, they voluntarily caused hurt to CW2 also and thereby they alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been settled with the defacto complainant/victims/respondent Nos. 2 to 4 and all of them 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 and the victims, namely respondents 2 to 4, filed affidavits stating that the dispute has been settled between the parties. During the pendency of the proceedings, the 4th respondent is expired.

5. The learned Public Prosecutor upon instructions submitted that respondents 2 and 3 had given signed statement to the SHO stating that the matter has been settled.

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 amicably settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between them 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 C.C. No. 619 of 2025 on the file of Judicial First Class Magistrate Court, Tirur arising from Crime No. 259 of 2025 of Kalpakanchery Police Station, stands quashed under section 528 of B.N.S.S.

Sd/-

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