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2026 Supreme(Online)(Ker) 6155

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SAIFAL H P – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 175 OF 2026 | CC NO.2065 OF 2024



Advocates:
For the Appellants/Petitioners: ADV. SHRI.MOHAMED SHAREEF PARIYARATH
For the Respondents: ADV SHRI.SHYAM KUMAR M.P

Quashing of proceedings is justified when disputes are settled amicably and involve non-heinous offenses.

Headnote:This judgment concerns a petition filed under Section 528 of B.N.S.S. for quashing proceedings against the 4th accused in Crime No.641/2024. The prosecution alleged various offences, but the complainants affirmed the settlement. The court found the dispute private and non-heinous, warranting quashment to maintain harmony. The result of the Crl. M.C is that all proceedings against the petitioner are quashed.

Table of Content
1. summary of the case and the allegations. (Para 1 , 2 , 3)
2. support from the complainants for settlement. (Para 4 , 5)
3. court observation on the nature of the disputes. (Para 6)
4. conclusion and order for quashment. (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 4th accused in Crime No.641/2024 of Tirur Police Station, Malappuram, which is pending as CC. No.2065/2024 on the file of the Judicial First Class Magistrate Court, Tirur. The offences alleged against the petitioner and the co-accused are under Sections 447, 341, 323, 427, 354 r/w 34 of IPC.

2. The prosecution case is that on 28.4.2024 at about 6.45 p.m., the petitioner along with other accused persons trespassed into the courtyard of the residence of the defacto complainant, wrongfully restrained her as well as her husband, voluntarily caused hurt to them and outraged the modesty of the defacto complainant and thereby they are alleged to have committed the aforesaid offences.

3. According to the petitioner, the dispute has been settled with the defacto complainant/victims/ respondent Nos. 2 and 3 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 victims 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 petitioner.

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.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioner alone in CC. No.2065/2024 on the file of the Judicial First Class Magistrate Court, Tirur, arising from Crime No.641/2024 of Tirur Police Station, Malappuram, stands quashed under Section 528 of B.N.S.S.

Sd/-

C. PRATHEEP KUMAR, JUDGE

sou.

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