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2026 Supreme(Online)(Ker) 6926

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
AHAMMAD KHABEER – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 269 OF 2026|CRIME NO.1740/2023|CC NO.1410 OF 2023



Advocates:
For the Appellants/Petitioners: Smt.Sayujya Radhakrishnan, Shri.K.R.Rajeev Krishnan
For the Respondents: Sr. PP - Sri. Breez M.S, Sri.Ali Yazha Sakir

The court affirmed that amicable settlements in non-heinous, private nature offenses can justify quashing criminal proceedings to maintain harmonious relations among parties involved.

Headnote:This case addresses the petitioners' plea under Section 482 of the Code of Criminal Procedure, seeking quashment of proceedings pending against them in conjunction with specific IPC sections due to an amicable settlement with the victim. The prosecution concurs, affirming the non-heinous nature of the alleged offenses, leading the court to allow the Crl.M.C. to maintain harmony between parties. The final order grants the petitioners' request, quashing all further proceedings.

Table of Content
1. quashing proceedings due to amicable settlement. (Para 1 , 2 , 3)
2. affidavit supports agreed settlement. (Para 5)
3. court emphasizes maintaining harmonious relations. (Para 6)

ORDER

Dated this the 30th day of January, 2026 This is a petition filed under Section 482 of the Code of Criminal Procedure ( Section 528 of B.N.S.S.), by accused Nos.1 and 2 in Crime No.1740 of 2023 of Adoor Police Station, which is pending as C.C. No.1410 of 2023 on the file of Judicial First Class Magistrate Court, Adoor. The offences alleged against the petitioners are under Sections 294(b) and 506 read with Section 34 of the Indian Penal Code.

2. The prosecution case is that on 04.12.2023, at about

02:10 pm, the accused persons abused the de dacto complainant using filthy words and intimated to do away with her, 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.2 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 Crl.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 C.C. No.1410 of 2023 on the file of Judicial First Class Magistrate Court, Adoor arising from Crime No.1740 of 2023 of Adoor Police Station, stands quashed under Section 482 of the Code of Criminal Procedure ( Section 528 of B.N.S.S.).

Sd/-

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