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2026 Supreme(Online)(Ker) 9550

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
MONCY GEORGE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 342 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.T.S.MAYA, SMT.C.VIJAYAKUMARI
For the Respondents: SMT.K.A.SUNITHA

Settlement in matrimonial disputes can warrant quashment of proceedings to maintain harmony among parties.

Headnote:This judgment pertains to a petition filed under Section 528 of B.N.S.S. by the accused in Crime No.13/2022, CC No.266/2022, alleging physical and mental cruelty under Sections 498A, 323 r/w 34 IPC. The complainant affirmed that the dispute had been amicably settled and requested further proceedings to be quashed. The prosecution acknowledged the settlement, and the court determined the offenses were not heinous but due to a private marital dispute warranting quashment for maintaining harmony.

Table of Content
1. petition filed under section 528 regarding allegations of cruelty. (Para 1 , 2)
2. settlement agreement reached between the parties. (Para 3 , 4 , 5)
3. court's determination for quashment to maintain harmony. (Para 6)

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 1 to 3 in Crime No.13/2022 of Kollam West Police Station, which is pending as CC. No.266/2022 on the file of Judicial First Class Magistrate Court-III, Kollam. The offences alleged against the petitioners are under Sections 498A , 323 r/w 34 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, voluntarily caused hurt to her 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/victim/respondent No.2 and she 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/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 petitioners.

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 petitioners.

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.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.266/2022 on the file of Judicial First Class Magistrate Court-III, Kollam, arising from Crime No.13/2022 of Kollam West Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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