Settlement of matrimonial disputes permits quashment of proceedings under Section 528 of B.N.S.S.

ORDER

Dated this the 30^th 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.306/2023 of Kannur City Police Station, which is pending as CC. No.946/2023 on the file of Judicial First Class Magistrate Court-II, Kannur. The offence alleged against the petitioners is under Section 498-A r/w 34 IPC.

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.2 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 all 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 amicably 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 CC. No.946/2023 on the file of Judicial First Class Magistrate Court-II, Kannur, arising from Crime No.306/2023 of Kannur City Police Station, stands quashed under section 528 of B.N.S.S.

Sd/-