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2026 Supreme(Online)(Ker) 12522

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
SAIDHU MOHAMMED – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10704 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.BABU CHERUKARA, SRI.ARUN BABU, SRI.ALBERT ABEY V.S., SMT.FATHIMA NARGIS K.A., SRI.JEES MARTIN, SRI.SHAJI A.V., SMT.ANN MARY BIJU
For the Respondents: SRI.JAYAKRISHNAN.U

The court allows quashment of criminal proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita for settled disputes between parties.

Headnote:This criminal miscellaneous case has been brought under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the Annexure A1 charge sheet relating to CC No. 1179 of 2024 from Crime No. 795/2024 at Ernakulam Central Police Station. The facts indicate that the accusations included offences under IPC. However, it was noted that the parties reached an amicable settlement. The court found that there was no reason to deny the request for quashment, promoting peaceful coexistence. Thus, the petition was allowed, quashing the charge sheet and further proceedings.

Table of Content
1. filing of petition under relevant law to quash charges. (Para 1 , 2)
2. nature of allegations and submissions from the prosecutor. (Para 3 , 4)

ORDER

Dated this the 20th day of February, 2026 This criminal miscellaneous case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to quash Annexure A1 charge sheet and all further proceedings in C.C.No.1179/2024 on the files of the Judicial First Class Magistrate Court-II, Ernakulam, arose out of Crime No.795/2024 of Ernakulam Central Police Station, Ernakulam. The petitioners herein are accused Nos.1 and 2 in the above case.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

3. In this matter, offences punishable under Sections 427 , 447 and 380 r/w 34 of the Indian Penal Code are alleged to have been committed by the accused.

4. The learned Public Prosecutor submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded. 5. Since the matter has been amicably settled between the parties, there is no reason to disallow the prayer for quashment so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this Criminal Miscellaneous Case stands allowed. Annexure A1 charge sheet and all further proceedings in C.C.No.1179/2024 on the files of the Judicial First Class Magistrate Court-II, Ernakulam, arose out of Crime No.795/2024 of Ernakulam Central Police Station, Ernakulam, against the petitioners herein, stand quashed.

Sd/-

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