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2026 Supreme(Online)(Ker) 9549

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
..... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 332 OF 2026 | CRIME NO.314/2022 | S.C. NO.1734/2023



Advocates:
For the Appellants/Petitioners: Shri.Raghul Sudheesh, Sri.C.R.Sudheesh, Smt.J.Lakshmi, Smt.Ambily T. Venu, Smt.Rachel Mary Jacob, Smt.Athulya Vaishnavi
For the Respondents: Sri.Renjith B.Marar, Smt.Lakshmi.N.Kaimal, Sri.P.Rajkumar, Sri.Keshavraj Nair, Shri.Biju Vigneswar, Shri.Arun Poomulli, Smt.Meera Joppan, Shri.Abhiram.S., Smt.Gaadha Suresh, Shri.Viswanath Jayan, Shri.Akshay Shibu, Shri.Fayas Muhammed, Shri.Ananthapadmanabhan, Shri.Ashish Paul, Smt.Laxmisree Jayantha Kumar

Quashing of proceedings allowed when a private dispute is amicably settled between the parties.

Headnote:This case concerns a petition under Section 528 of B.N.S.S. for quashing proceedings against the petitioner accused of an offense under IPC and JJ Act. The incident was a private dispute involving a teacher and her student. The court found that the matter was amicably settled, citing harmonious relationship preservation as a basis for this result. The final outcome quashes ongoing proceedings in SC No.1734/2023.

Table of Content
1. the dispute was amicably settled. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. court quashes proceedings based on settlement. (Para 7)

ORDER

Dated this the 12th day of February, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No.314/2022 of Cheranelloor police station, which is pending as S.C. No.1734/2023 on the file of Additional District Court & Sessions Court (Cases against Atrocities and Sexual Violence against Women and Children), Ernakulam. The offences alleged against the petitioner is under Sections 323 , 506(ii) of IPC and Section 75 of JJ Act.

2. The prosecution case is that on 02.06.2022 at about 8.30 a.m., the accused who was the teacher of the de facto complainant who was studying in 2nd standard voluntarily caused hurt to her, intimidated her and thereby she 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.3 and that she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against her.

4. The mother of 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 S.C. No.1734/2023 on the file of Additional District Court & Sessions Court (Cases against Atrocities and Sexual Violence against Women and Children), Ernakulam, arising from Crime No.314/2022 of Cheranelloor police station, is quashed under Section 528 of B.N.S.S.

Sd/-

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