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2026 Supreme(Online)(Ker) 8772

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
YOUNUS M – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 380 OF 2026 | CRIME NO.742/2025



Advocates:
For the Appellants/Petitioners: SRI.T.MADHU, SMT.C.R.SARADAMANI
For the Respondents: SRI.BREEZ.M.S., SRI.M.ABDUL KAREEM

The court maintains that amicably settled disputes, especially of non-serious nature, can justify quashing criminal proceedings to preserve relationships.

Headnote:This judgment addresses a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, based on an allegation of wrongful restraint and causing hurt. The accused claimed amicable settlement with the complainant's family, leading to the request for quashing proceedings. The court found no heinous interests involved and noted the lack of intention to proceed with prosecution, thereby allowing the petition to quash all proceedings against the accused. The final ruling quashes all proceedings under Section 528 of the B.N.S.S., affirming the petitioner's request.

Table of Content
1. nature of allegations against the accused. (Para 1 , 2)
2. amicable settlements and their impact on legal proceedings. (Para 3 , 5)
3. court's stance on quashing proceedings to maintain harmony. (Para 6)

ORDER

Dated this the 05th day of February, 2026 This is a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) by the accused in Crime No.742 of 2025 of Chandera Police Station, Kasaragod which is pending as C.P. No.81 of 2025 on the files of Judicial First Class Magistrate Court-I, Hosdurg. The offences alleged against the petitioner is under Sections 126 (2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ).

2. The prosecution case is that on 31.08.2025, at about 4:00 p.m., the accused wrongfully restrained the defacto complainant who was a minor, voluntarily caused hurt to him and thereby he is alleged to have committed the aforesaid offences.

3. According to the petitioner, the dispute has been amicably settled with defacto complainant and 4th respondent and that they agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.

4. The father of the defacto complainant/ 3rd respondent and

4th respondent (mother of the 3rd respondent) 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 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 defacto complainant and his mother (4th respondent) are not interested in continuing the prosecution against the petitioner.

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 petitioner in C.P.No.81 of 2025 on the files of Judicial First Class Magistrate Court-I, Hosdurg arising from crime No.742 of 2025 of Chandera Police Station, Kasaragod is quashed under Section 528 of B.N.S.S.

Sd/-

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