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2026 Supreme(Online)(Ker) 6927

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
VISHNU S – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 283 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.PRAMOD J.DEV
For the Respondents: SMT.ASHA BABU

The court emphasized that amicable settlements in matrimonial disputes may justify the quashing of proceedings under specific statutory provisions.

Headnote:This petition was filed under Section 528 of B.N.S.S. concerning Crime No.776/2022, where the accused was alleged to have committed an offence under Section 498A IPC due to matrimonial disputes. The defacto complainant affirmed the amicable resolution of the dispute through an affidavit, stating her non-interest in further prosecution. The Public Prosecutor also confirmed the settlement, leading the court to conclude the proceedings should be quashed to maintain harmony between the parties. The opinion that the offence was not severe guided the court's decision, hence quashing all proceedings against the petitioner.

Table of Content
1. amicable resolution of a matrimonial dispute (Para 1 , 2 , 3 , 4 , 5)
2. quashing of proceedings to maintain harmony (Para 6)

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 in Crime No.776/2022 of Infopark Police Station,Ernakulam, which is pending as CC. No.889/2022 on the file of the Judicial First Class Magistrate Court, Kakkanad. The offence alleged against the petitioner is under Section 498A IPC .

2. The prosecution case is that the accused being the husband of the defacto complainant subjected her to cruelty both physically and mentally on the ground of dowry and thereby he is alleged to have committed the aforesaid offence.

3. According to the petitioner, the dispute has been settled with the defacto complainant and she had agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.

4. The defacto complainant 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 petitioner.

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 petitioner.

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 petitioner in CC. No.889/2022 on the file of the Judicial First Class Magistrate Court, Kakkanad, arising from Crime No.776/2022 of Infopark Police Station, Ernakulam, stands quashed under Section 528 of B.N.S.S.

Sd/-

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