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2026 Supreme(Online)(Ker) 6257

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
AMRITHA – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8639 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.B.RENJITHKUMAR, SMT.A.DEEPTHI, SMT.CLARA SHERIN FRANCIS
For the Respondents: SRI. BREEZ.M.S (SR. PP)

The court may quash proceedings if amicable settlement exists between parties in criminal cases.

Headnote:The petitioner, accused in C.C No.287 of 2022, filed a petition under Section 528 BNSS to quash proceedings against him concerning IPC Sections 447, 294(b), 323, and 324. The prosecution alleged that due to property dispute-related enmity, he voluntarily caused hurt to the de facto complainant. However, a compromise was filed to settle the dispute, as confirmed by the de facto complainant in her deposition. The court found no purpose in continuing proceedings, thus granting relief under Section 528 BNSS. The petition is allowed, quashing further proceedings against the petitioner.

Table of Content
1. context of criminal charges stemming from a property dispute. (Para 1 , 2)
2. existence of an amicable settlement. (Para 3 , 4)
3. court's decision to quash proceedings based on settlement. (Para 5 , 6)

O R D E R

(Dated this the 30th day of January, 2026)

The petitioner is the accused in C.C No.287 of 2022 of Judicial First Class Magistrate Court, Ambalappuzha, arising out of Crime No.21 of 2019 of Vanitha Police Station, Alappuzha. He filed this petition under Section 528 BNSS praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 447 , 294(b), 323 and 324 of IPC .

2. The prosecution case is that, due to an enmity of the accused towards the de facto complainant in connection with the property dispute, on 02.03.2019 at about 2.30 p.m., the accused voluntarily caused hurt to the de facto complainant and abused her and thereby, he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, the entire dispute between the parties was settled amicably and Annexure-A4 compromise was filed before the learned Magistrate in that respect. According to the learned counsel, though the de facto complainant had expressed her desire to settle the dispute with the petitioner, the learned Magistrate is proceedings with the trial. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. Though notice was served on the de facto complainant/2nd respondent, she did not turn up.

5. On a perusal of Annexure-A4, it can be seen that the petitioner and the de facto complainant entered into a settlement and thereby they decided to put an end to this criminal case, C.C No.287 of 2022, against the petitioner. Thereafter, when she was examined before the learned Magistrate, she stated that Annexure- A4 was filed by her and also that it contained her own signature. It is also revealed from her deposition that there was a civil dispute between them and also that it was settled amicably.

6. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioner and, as such, this Crl.M.C is liable to be allowed.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in C.C No.287 of 2022 of Judicial First Class Magistrate Court, Ambalappuzha, arising out of Crime No.21 of 2019 of Vanitha Police Station, Alappuzha, is quashed under Section 528 of BNSS .

Sd/-

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