Quashing of proceedings justified when amicable settlement is reached, especially in non-heinous, private disputes.

ORDER

Dated this the 12^th day of February, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No.1380/2025 of Cherthala police station, which is pending as CC. No.1564/2025 on the file of Judicial First Class Magistrate Court-I, Cherthala. The offences alleged against the petitioner is under Sections 115(2), 296(b), 329(4), 351(2) of BNS and Section 31 (1) of the Protection of Women from Domestic Violence Act .

2. The prosecution case is that after 24.04.2025 the accused in violation of the protection order passed by the Judicial First Class Magistrate Court-I, Cherthala, trespassed into the residence of the defacto complainant in drunken stage, abused her and children using filthy words, intimidated them and, voluntarily caused hurt to the defacto complainant and thereby he is alleged to have committed the aforesaid offences.

3. According to the petitioner, 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, 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 amicably settled between the parties and that the victim is 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.

7. In the result, This Crl. M.C is allowed. All further proceedings against the petitioner in CC. No.1564/2025 on the file of Judicial First Class Magistrate Court-I, Cherthala, arising from Crime No.1380/2025 of Cherthala police station, is quashed under Section 528 of B.N.S.S.

Sd/-