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2026 Supreme(Online)(Ker) 6152

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Pratheep Kumar, J
Mark Malvin Thompson – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 47 OF 2026



Advocates:
For the Appellants/Petitioners: Sri.C.R.Jayakumar, Sri.Nobel Raju, Smt.Sandra Sreekumar
For the Respondents: Sri.Saju J Panicker, Sri.M.S. Breez

Quashing of proceedings in matrimonial disputes settled amicably, safeguarding relationships while also considering the nature of offenses.

Headnote:The petitioners, accused in a case concerning alleged dowry-related offences under Sections 498A, 341, 323, 324, 294(b), r/w 34 IPC, sought quashing of proceedings. The court noted the dispute had been settled amicably with the victim, who reaffirmed her intent to discontinue prosecution. The court emphasized the importance of maintaining harmony between parties involved, leading to the decision to quash further legal actions. The concluding order quashed all proceedings against the petitioners.

Table of Content
1. petition for quashing based on amicable settlement. (Para 1 , 2 , 3 , 4 , 5 , 6)

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.68/2020 of Sakthikulangara Police Station, Kollam, which is pending as CC. No.1923/2020 on the file of the Judicial First Class Magistrate Court-II, Kollam. The offences alleged against the petitioners are under Sections 498A , 341, 323, 324, 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 relative/s subjected her to cruelty both physically and mentally on the ground of dowry, wrongfully restrained her, voluntarily caused hurt to her, 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.3 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.1923/2020 on the file of the Judicial First Class Magistrate Court-II, Kollam, arising from Crime No.68/2020 of Sakthikulangara Police Station, Kollam, stands quashed under section 528 of B.N.S.S. ).

Sd/-

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