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2026 Supreme(Online)(Ker) 6262

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
NABEEL P.N – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11005 OF 2025 | CRIME NO.727/2025



Advocates:
For the Appellants/Petitioners: Shri.Sunil Kumar A.G, Sri.George Mathew, Shri.Mathew K.T, Shri.George K.V
For the Respondents: Shri.John Zachariah Dominic

Quashing of proceedings is warranted when the dispute is settled amicably and is non-heinous.

Headnote:This petition under Section 528 of B.N.S.S. involves allegations of dowry-related cruelty against the petitioners. The parties have amicably settled, as confirmed by the defacto complainant's affidavit. The Public Prosecutor also supports the quashing of proceedings. Thereby, considering the nature of the allegations as non-heinous and based on private settlement, the court allows the quashing of further proceedings.

Result: This Crl. M.C is allowed.

Table of Content
1. petition filed under b.n.s.s. indicates a case of dowry cruelty settled amicably. (Para 1 , 2 , 3 , 4 , 5)
2. quashing of proceedings is justified as the parties settled the dispute. (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.727/2025 of Nilambur Police Station. The offences alleged against the petitioners are under Section s 85 , 3(5) of BNS.

2. The prosecution case is that the 1st accused being the husband of the defacto complainant and the other accused being his relatives subjected her to cruelty both physically and mentally on the ground of dowry and thereby they are alleged to have committed the aforesaid offence.

3. According to the petitioners, the dispute has been settled with the defacto complainant/victim/ respondent No.3 and she 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/victim 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 victim is not at all interested in continuing the prosecution against the petitioners.

6. Considering the fact that the offence involved in this case is not heinous and very serious, but purely a matrimonial and private dispute, which has been amicably settled between the parties, quashment of further proceedings is necessary for maintaining harmonious relationship between the parties.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in Crime No.727/2025 of Nilambur Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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