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2026 Supreme(Online)(Ker) 7385

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SAJITH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11573 OF 2025 | CRIME NO.1597/2023 | CC NO.1555 OF 2023



Advocates:
For the Appellants/Petitioners: SHRI.P.M.ABDUL JALEEL, SRI.K.N.MUHAMMED THANVEER, SHRI.ALTHAF AHMED ABDU, SMT.SUKANYA S.
For the Respondents: PUBLIC PROSECUTOR SMT. C.SEENA

The court quashed proceedings under Section 528 of B.N.S.S. based on amicable settlement between the parties.

Headnote:This case pertains to a petition filed under Section 528 of B.N.S.S. concerning Crime No.1597/2023 and CC No.1555/2023, alleging cruelty and outraging modesty. The court determined that the dispute was amicably settled, with the victim agreeing to drop proceedings. The prosecution supported this settlement, leading to the conclusion that further proceedings were unnecessary for maintaining harmony. Thus, the Crl. M.C. was granted, and the proceedings were quashed under Section 528 of B.N.S.S.

Table of Content
1. petition involves section 528 of b.n.s.s. regarding alleged offences. (Para 1 , 2)
2. dispute settled with victim's agreement to drop proceedings. (Para 3 , 4)
3. prosecution supports the quashing of proceedings due to amicable resolution. (Para 5 , 6)

O R D E R Dated this the 31st day of February, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the 1st accused in Crime No.1597/2023 of Kodungallur Police Station, which is pending as CC. No.1555/2023 on the file of the Judicial First Class Magistrate Court, Kodungallur. The offences alleged against the petitioner and the co-accused are under Sections 498A , and 354 of 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, the 2nd accused outraged her modesty and thereby they are alleged to have committed the aforesaid offences.

3. According to the petitioner, 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 petitioner prayed for quashing all further proceedings against him.

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 petitioner.

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 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 petitioners in CC. No.1555/2023 on the file of the Judicial First Class Magistrate Court, Kodungallur, arising from Crime No.1597/2023 of Kodungallur Police Station, stands quashed under section 528 of B.N.S.S.

Sd/-

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