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2026 Supreme(Online)(Ker) 9554

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SANAL BABU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 6626 OF 2025 | CRIME NO.341/2025



Advocates:
For the Appellants/Petitioners: SHRI.RISHAB S., SHRI. RIJO DOMY
For the Respondents: SHRI.HARE KRISHNA

Quashing of proceedings is justified when parties amicably settle, especially in non-heinous offences.

Headnote:The petitioners filed for quashing proceedings under Section 528 of B.N.S.S. based on the assertion that the dispute was amicably settled. The petitioners were accused of assembling unlawfully and other offences. The complainants filed affidavits endorsing the settlement, substantiated by the Public Prosecutor's agreement. Given the nature of the offences and settlement, the court quashed the proceedings.

Table of Content
1. accused petitioners sought to quash proceedings claiming an amicable settlement. (Para 1 , 2 , 3)
2. affidavits from complainants endorse the amicable resolution, indicating no interest in prosecution. (Para 4 , 5)
3. court recognized the case's nature and necessity to quash proceedings for maintenance of harmony. (Para 6 , 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 1 to 5 in Crime No.341/2025 of Mulavukad Police Station. The offences alleged against the petitioners are under sections 126(2), 115(2), 296, 324(4), 74, 189(2), 190, 191(2) of BNS.

2. The prosecution case is that on 18.05.2025 at about 6.30 p.m., the accused persons formed themselves into an unlawful assembly armed with a sword like weapon, intimidated the defacto complainant and her son, abused them using filthy words, voluntarily caused hurt to her son, caused mischief to his mobile phone, pushed the defacto complainant and thereby outraged her modesty 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 Nos.2 & 3 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 victims 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 Crime No.341/2025 of Mulavukad Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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