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2026 Supreme(Online)(Ker) 6256

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SHAMNSUDHEEN K – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8576 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.FATHIMA ABOOBACKER P.
For the Respondents: SHRI.E.C.AHAMED FAZIL

Quashing of proceedings in non-heinous offenses settled amicably is permissible to maintain harmony.

Headnote:This petition pertains to a quashing application under Section 528 of B.N.S.S. regarding pending criminal proceedings against the petitioners for alleged offenses under IPC sections due to a dispute settled amicably with the de facto complainant. Court finds no heinous nature of the alleged offenses necessitating quashment to maintain harmony among the parties. Final outcome: proceedings quashed.

Table of Content
1. petition filed under section 528 regarding unlawful assembly allegations. (Para 1 , 2 , 3)
2. affidavit from complainant indicating settlement. (Para 4 , 5)
3. court's rationale to prevent abuse of the process. (Para 6)
4. final ruling to quash all proceedings. (Para 7)

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 1 to 6 in Crime No.733/2020 of Manjeri Police Station, which is pending as CC. No.1260/2020 on the file of Judicial First Class Magistrate Court-I, Manjeri. The offences alleged against the petitioners are under Sections 143, 147, 447, 323, 286 r/w 149 of IPC.

2. The prosecution case is that on 16.12.2020 at about 12.00 a.m., the accused persons formed themselves into an unlawful assembly, exploded crackers and created a terrific scene and voluntarily caused hurt to the defacto complainant and thereby they are alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been amicably settled with the defacto complainant/victim/respondent No.3 and that she has agreed to drop all further proceedings relating to the above dispute. Therefore, they prayed for quashing all further proceedings against them.

4. The Defacto complainant/victims 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 de facto complainant/victim is not 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.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.1260/2020 on the file of Judicial First Class Magistrate Court-I, Manjeri, arising from Crime No.733/2020 of Manjeri Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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