Quashment of proceedings granted based on amicable settlement in a matrimonial dispute.

ORDER

Dated this the 29^th day of January, 2026 This is a petition filed under Section 528 of B.N.S.S. , by accused Nos. 1 to 3 in Crime No. 288 of 2019 of Binanipuram Police Station, which is pending as C.C. No. 1071 of 2019 on the file of Judicial First Class Magistrate Court-II, Aluva. The offences alleged against the petitioners are under Sections 498A, 354, 506, 294(b) r/w 34 IPC.

2. The prosecution case is that the 1^st 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, intimidated her, abused her in filthy words and the 2^nd accused 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/victim/respondent No. 3 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 C.C. No. 1071 of 2019 on the file of Judicial First Class Magistrate Court-II, Aluva arising from Crime No. 288 of 2019 of Binanipuram Police Station, stands quashed under section 528 of B.N.S.S. Sd/-

C. PRATHEEP KUMAR, JUDGE NJ APPENDIX OF CRL.MC NO. 11542 OF 2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT ALONG WITH FI STATEMENT AND 161 STATEMENTS IN C.C. NO.1071 OF 2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT - II, ALUVA Annexure A2 THE AFFIDAVIT FILED BY RESPONDENT NO.3