IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
DINU CHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 5608 OF 2024
| Table of Content |
|---|
| 1. summary of case facts and accusations. (Para 1 , 2) |
| 2. parties reached an amicable settlement. (Para 3 , 4 , 5) |
| 3. court's rationale for quashing proceedings. (Para 6) |
ORDER
Dated this the 30th day of January, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused persons in Crime No.188/2020 of Thiruvalla Police Station. The offences alleged against the petitioners are under Sections 294(b), 341, 323, 324 r/w
34 IPC.
2. The prosecution case is that on 05.02.2020 at about 05.00 p.m., when the defacto complainant tried to restrain the accused persons from taking away her minor child, they voluntarily caused hurt to the defacto complainant, abused her using 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/victims/respondent No.2 & 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 petitioners.
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 Crime No.188/2020 of Thiruvalla Police Station, stands quashed under Section 528 of B.N.S.S.
Sd/-
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