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2026 Supreme(Online)(Ker) 7426

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
RENJITH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 276 OF 2026 | CRIME NO.1932/2017



Advocates:
For the Appellants/Petitioners: Shri.B.MOHANLAL, Smt.P.S.PREETHA, Shri.MOTTY JIBY VASUDEVAN, Shri.ABIJITH M., Smt.AVANI NAIR, Smt.JAYAPRABHA ARJUN, Smt.PRAVEENA T.
For the Respondents: Shri.SHINE N.S

The court allows quashing of proceedings under Section 528 of B.N.S.S. due to amicable settlement between the parties in a non-heinous dispute.

Headnote:This judgment concerns a petition filed under Section 528 of B.N.S.S. The accused were charged with multiple offenses under IPC, stemming from an incident where they allegedly restrained and assaulted the complainant. The complainant and victims settled the dispute amicably and no longer wished to pursue the matter. The Public Prosecutor confirmed this settlement. The court found that the offenses were not of a heinous nature, indicated that maintaining harmony between the parties was essential, and granted the quashment of the proceedings. The Crl. M.C is allowed, quashing all further proceedings against the petitioners.

Table of Content
1. petition under b.n.s.s. for quashing charges based on settlement. (Para 1 , 2 , 3)
2. affidavits from complainants indicating their desire to end the proceedings. (Para 4 , 5)
3. court's observation on the amicable nature of dispute and importance of harmony. (Para 6)
4. final ruling allowing the quashment of 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 to 5 in Crime No.1932/2017 of Anchalummoodu Police Station, Kollam, which is pending as CC. No.2281/2017 on the file of Judicial First Class Magistrate Court-I, Kollam. The offences alleged against the petitioners are under sections 143, 147, 148, 323, 324,341, 354, 294(b) and 149 of IPC.

2. The prosecution case is that on 24.7.2017 at about 5.30 p.m., when te defacto complainant and his wife were returning home in a motor cycle, the accused persons wrongfully restrained them, abused them in filthy words, voluntarily caused hurt to the defacto complainant and outraged the modesty of CW2 and thereby they are alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been settled with the defacto complainant and victims/ respondent No.3 and 4 and all of them 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 and victim filed affidavits endorsing the averments in the Criminal MC. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have 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 victims are 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 them and also to prevent abuse of process of the court.

7. In the result, This Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.2281/2017 on the file of Judicial First Class Magistrate Court-I, Kollam, arising from Crime No.1932/2017 of Anchalummoodu Police Station, Kollam, stands quashed under section 528 of B.N.S.S.

Sd/-

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