Inherent powers under Section 528 may not be exercised when the aggrieved party is unwilling to affirm a settlement.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 12^TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947 CRL.MC NO. 10405 OF 2025 CRIME NO.797/2020 OF Palarivattom Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.77 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM PETITIONER/ACCUSED:

SHIHAB O.E AGED 49 YEARS THAYETHPARAMBU HOUSE, VENNALA P.O, CHAKKARAPARAMBU , ERNAKULAM, PIN - 682028 BY ADVS.

SHRI.ESM.KABEER SMT.C.SHEEBA RESPONDENTS/RESPONDENTS AND DE FACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY, PIN - 682031

2 RUBIATH T.M AGED 41 YEARS D/O T.A KUNJU MUHAMMED THAYETHPARAMBU HOUSE, VENNALA P.O, CHAKKARAPARAMBU , ERNAKULAM-682028 NOW RESIDING AT H.NO. 16/817, NEAR BABUL JANNA MASJID, SANJAY JUNCTION, THOPPUMPADI, ERNAKULAM, PIN – 682005 PP. SRI. M.P.PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R Dated this the 12^th day of February, 2026 The Criminal Miscellaneous Case is filed to quash all further proceedings in C.C. No. 77/2021 on the file of the Court of the Judicial First Class Magistrate-IX, Ernakulam, which has originated from Crime No. 797/2020 registered by the Palarivattom Police Station, Ernakulam, alleging the commission of the offences punishable under Section 498A of the Indian Penal Code .

2. The petitioner had filed the Criminal Miscellaneous Case on the assertion that the dispute that led to the registration of the crime has been amicably settled between him and the second respondent.

3. The learned Public Prosecutor, on instructions, submits that the 2nd respondent has emphatically stated that she is not willing to give her statement regarding the settlement.

4. In light of the reluctance on the part of the

2^nd respondent to give her statement before the Investigating Officer, I am not inclined to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

In the result, the Crl.M.C is dismissed, without prejudice to the right of the petitioner to file a fresh Crl.M.C on the same cause of action, after the 2^nd respondent is willing for settlement, or raise all the contentions before the Trial Court, including filing an application for discharge, provided the charge has not been framed till date. If such an application is filed, the Trial Court is directed to consider and dispose the application, in accordance with law, untrammelled by any observations made in this order.

Sd/-