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2026 Supreme(Online)(Ker) 5598

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
RAJEEV AGED 34 YEARS S/O RAJAN RAJA BHAVANAM, MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE, KARTHIKAPPALLY TALUK, CHOOLATHEREVE P.O, ALAPPUZHA DISTRICT., PIN - 690506 – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11770 OF 2025



Advocates:
For the Appellants/Petitioners: ADV SHRI.SUNEESH KUMAR R.
For the Respondents: ADV SRI.B.BIPIN

Quashing of criminal proceedings is justified when the dispute has been amicably settled and does not involve heinous offences.

Headnote:This judgment concerns a petition under Section 528 of B.N.S.S. by the accused in Crime No.742/2025, regarding alleged offences of causing hurt. The complainants have settled the dispute and submitted affidavits requesting the quashing of proceedings. The court finds no serious criminal antecedents against the petitioners, affirming that the charges are private in nature. The court decides that quashing the proceedings will preserve the parties' relationship and prevent court process abuse. The petition is allowed and all proceedings against the petitioners stand quashed.

Table of Content
1. filing of petition under relevant laws and offences. (Para 1 , 2)
2. affidavits submitted by complainants for settlement. (Para 3 , 4)
3. prosecutor's acknowledgment of settlement. (Para 5 , 6)
4. court's ruling on quashing proceedings. (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 persons in Crime No.742/2025 of Kanakakunnu Police Station. The offences alleged against the petitioners are under Sections 296(b), 115(2), 118(1), 118(2), 3(5) of BNS.

2. The prosecution case is that on 16.12.2025 at about 9.00 p.m., the accused voluntarily caused hurt and grievous hurt to the defacto complainant and caused hurt to his wife 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/victims/ respondent No.3 to 5 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 his wife filed affidavits endorsing the averments in the Criminal MC. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have 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 victims are not at all interested in continuing the prosecution against the petitioners.

6. Though the offence under Section 118(2) of BNS is also involved, the learned public prosecutor submitted that there are no serious criminal antecedents against the petitioner.

7. 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 Crime No.742/2025 of Kanakakunnu Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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