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2026 Supreme(Online)(Ker) 6150

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SHAMSEER CHERIYAPARAMBATH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11 OF 2026



Advocates:
For the Appellants/Petitioners: SMT. T.H.RAIHANATH
For the Respondents: SHRI.DAJISH JOHN, SMT. C. SEENA

Amicable settlement of matrimonial disputes can justify quashing of criminal proceedings under relevant statutes.

Headnote:Statute Analysis: Petition under Section 528 of B.N.S.S. Case filed for quashing proceedings under Sections 498A, 420, 294(b) r/w 34 IPC. Facts of the Case: Petitioners alleged to have committed offences of cruelty for dowry, receiving money and abuse.

Findings of Court:
Dispute amicably settled; victim does not wish to proceed.

Issues: Whether to quash proceedings based on settlement?

Ratio Decidendi: Importance of maintaining harmony in personal disputes; no heinous crime involved.

Result: Crl. M.C allowed; all further proceedings quashed.

Table of Content
1. amicable settlement leads to quashing of criminal proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. court allows quashing of proceedings based on settlement. (Para 7)

O R D E R 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 1 to 3 in Crime No.1244/2016 of Chokli Police Station, Kannur, which is pending as CC. No.760/2018 on the file of the Judicial First Class Magistrate Court, Thalassery. The offences alleged against the petitioners are under Sections 498A, 420, 294(b) r/w 34 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, received a sum of Rs.11,10,000/- from her and failed to repay the same, abused her in filthy words 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.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.760/2018 on the file of the Judicial First Class Magistrate Court, Thalassery, arising from Crime No.1244/2016 of Chokli Police Station, Kannur, stands quashed under section 528 of B.N.S.S.

Sd/-

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