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2026 Supreme(Online)(Ker) 6924

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
HIYAS – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 208 OF 2026 | CRIME NO.1145/2021



Advocates:
For the Appellants/Petitioners: SRI.SUMODH MADHAVAN NAIR
For the Respondents: SMT.S.AGILA

The court emphasized the importance of amicable settlements in matrimonial disputes and allowed quashing of proceedings under section 528 of B.N.S.S.

Headnote:This Criminal M.C. pertains to the petitioners/accused charged under Section 498-A IPC, where the defacto complainant has amicably settled the dispute and expressed no further grievance, leading the Court to quash the proceedings in order to maintain harmony. The court finds the nature of the dispute is not heinous but matrimonial in character. The ruling emphasizes the necessity for quashing the proceedings as acceptable to both parties. In the result, this Crl. M.C is allowed.

Table of Content
1. petition for quashing based on amicable settlement. (Para 1 , 2 , 3 , 4 , 5)
2. the court's consideration of the nature of the dispute. (Para 6)
3. final ruling to quash the proceedings. (Para 7)

O R D E R Dated this the 30th day of January, 2026 This is a petition filed under Section 528 of B.N.S.S. by the accused persons 1 and 2 in Crime No.1145/2021 of Wadakkanchery Police Station, Thrissur, which is pending as CC. No.1628/2021 on the file of Judicial First Class Magistrate Court, Vadakkancherry. 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 relative 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.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.1628/2021 on the file of Judicial First Class Magistrate Court, Vadakkancherry, arising from Crime No.1145/2021 of Wadakkanchery Police Station, Thrissur, stands quashed under section

528 of B.N.S.S.

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