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2026 Supreme(Online)(Ker) 12117

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
VARUN MENON – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 6159 OF 2025 | CRIME NO.1010/2022 | CC NO.27 OF 2023



Advocates:
For the Appellants/Petitioners: SMT.H.SUBHALEKSHMI, SMT.KRISHNAPRIYA SREEKUMAR, SHRI.V.B.ANANTHA NARAYANAN
For the Respondents: SHRI.SASI M.R., SMT.N.P.SILPA, SHRI.KURIAN MAXIE

Quashing proceedings in settled matrimonial disputes is appropriate to maintain harmony, as affirmed by the parties involved.

Headnote:This petition addresses Section 528 of B.N.S.S., concerning Crime No.1010/2022, where the accused is alleged to have subjected the defacto complainant to cruelty under Section 498A IPC. The dispute was settled amicably, and the defacto complainant affirmed in an affidavit that she does not wish to proceed further. The Public Prosecutor corroborated this, indicating a settled matrimonial dispute that necessitates quashing the proceedings. The court determined that allowing the quashment maintains harmony between the parties involved.

Result: This Crl. M.C is allowed, quashing all further proceedings.

Table of Content
1. allegations of cruelty and amicable settlement (Para 1 , 2 , 3 , 4 , 5)
2. quashment of proceedings promotes harmony (Para 6)

O R D E R Dated this the 20th day of February, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No.1010/2022 of Palakkad Town South Police Station, which is pending as CC. No.27/2023 on the file of Chief Judicial Magistrate Court, Palakkad.

The offence alleged against the petitioner is under Section 498A IPC.

2. The prosecution case is that the accused being the husband of the defacto complainant subjected her to cruelty both physically and mentally on the ground of dowry and thereby he is alleged to have committed the aforesaid offence.

3. According to the petitioner, the dispute has been settled with the defacto complainant and she had agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.

4. The defacto complainant 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, after getting instruction from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the victim is not at all interested in continuing the prosecution against the petitioner.

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. 7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in CC. No.27/2023 on the file of Chief Judicial Magistrate Court, Palakkad, arising from Crime No.1010/2022 of Palakkad Town South Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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