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2026 Supreme(Online)(Ker) 10971
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
KURIAN P.J – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 195 OF 2026 | SC NO. 773 OF 2025 | CRIME NO. 658/2024
For the Appellants/Petitioners: SHRI.MOHAMMED ASHRAF, SMT.REEMA JAFAR
For the Respondents: ADV THIMOTHY DAL, ADV SEENA C
Quashing of proceedings is justified when disputes are amicably settled and are not of a heinous nature.
Headnote:This judgment analyzes the provisions of Section 528 of B.N.S.S. in relation to a petition for quashing proceedings in Crime No. 658 of 2024. The court found that the petitioner attempted to murder his wife, yet the dispute had been amicably settled, leading to a request for quashing proceedings. The court concurred, noting that the case was of a private nature and encouraged the maintenance of harmonious relationships between the parties involved. The final order quashed all further proceedings under the relevant sections.
| Table of Content |
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| 1. the initial set of events concerning the attempted homicide and the charges. (Para 1 , 2) |
| 2. the parties have reached an amicable settlement regarding the dispute. (Para 3 , 4) |
| 3. court's observations leading to the decision to quash proceedings. (Para 5 , 6) |
ORDER
Dated this the 13th day of February, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No. 658 of 2024 of Thankamani police station, which is pending as S.C. No. 773 of 2025 on the file of IVth Additional District Court, Thodupuzha. The offence alleged against the petitioner is under Section 109 (1) of the BNSS .
2. The prosecution case is that the accused, who is the husband of the defacto complainant, on 30.10.2024 at about 7.30 p.m., attempted to murder her by chopping her with a knife 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.3 and that she agreed to drop all further proceedings relating to the above dispute. The learned counsel for the petitioner as well as the defacto complainant submitted that now the petitioner and the defacto complainant are living happily after settling the dispute between them. 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 upon instructions submitted that there is no other criminal cases reported against the petitioner. Therefore, though the offence under Section 109 (1) of the B.N.S.S. is also involved, I am inclined to allow this application.
6. Considering the fact that the offence 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.
In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in S.C. No. 773 of 2025 on the file of IVth Additional District Court, Thodupuzha arising from Crime No. 658 of 2024 of Thankamani police station, is quashed under Section 528 of B.N.S.S.
Sd/-
