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2026 Supreme(Online)(Ker) 6261

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SUBASH, CHELLAMA, SAJI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9775 OF 2024



Advocates:
For the Appellants/Petitioners: P.HARIDAS, BIJU HARIHARAN, SHIJIMOL M.MATHEW, P.C.SHIJIN, ROSHIN MARIAM JACOB, PRAJISHA O.K.
For the Respondents: K.K.RAZIA

Court can quash proceedings under Section 528 of B.N.S.S. for private disputes amicably settled, emphasizing harmony.

Headnote:Under Section 528 of B.N.S.S., the petitioners, accused in Crime No.520/2012, sought quashment of proceedings in CC No.1552/2017, alleging that the complaint was settled amicably. The court found that as the respondent had no grievance and further action was unnecessary, quashing was warranted to maintain harmony. Court emphasized the nature of the offences as private and not heinous.

Result: This Crl. M.C is allowed.

Table of Content
1. clarification of the offences involved. (Para 2)
2. settlement between parties supported the quashment. (Para 3 , 4)
3. prosecutor acknowledges mutual settlement. (Para 5)
4. court's reasoning for quashing based on private nature. (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 1 to 3 in Crime No.520/2012 of Thrikkodithanam Police Station, which is pending as CC. No.1552/2017 on the file of Judicial First Class Magistrate Court, Changanacherry. The offences alleged against the petitioners are under Sections 341 , 294(b), 506(1) of IPC and Section 31 (1) of Protection of Women from Domestic Violence Act . 2. The prosecution case is that on 15.03.2012 at about 11.00 a.m., at the instance of the 1st accused, the 2nd accused wrongfully restrained the defacto complainant and her son, abused them using filthy words, the 3rd accused intimidated to do away with her in violation of the protection order passed by the Judicial First Class Magistrate Court, Changanassery, in CMP No.3165/2009 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 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/victim filed affidavit endorsing the averments in the Criminal MC. According to her, the dispute 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 instructions from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the defacto 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 settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between the parties 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 CC. No.1552/2017 on the file of Judicial First Class Magistrate Court, Changanacherry, arising from Crime No.520/2012 of Thrikkodithanam Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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