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2026 Supreme(Online)(Ker) 12916

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
NIKHIL DAYANANDAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 591 OF 2026 | CRIME NO.808/2025



Advocates:
For the Appellants/Petitioners: SRI.SABU S.KALLARAMOOLA
For the Respondents: SHRI.E.D.GEORGE, SMT. C.SEENA

Court quashes proceedings under Section 528 of B.N.S.S. when the dispute is amicably settled and not serious.

Headnote:This case concerns a petition under Section 528 of B.N.S.S., where the accused faced allegations of cruelty related to dowry. The de facto complainant settled the dispute amicably, indicating no interest to proceed, supported by the Public Prosecutor’s statement. The court found the offence not serious enough to warrant continuation and quashed the proceedings.

Result: The Crl. M.C is allowed, quashing all further proceedings against the petitioners as they were settled.

Table of Content
1. dispute settled, victim not interested. (Para 1 , 2 , 4 , 5)
2. non-serious offence warrants quashing. (Para 6)
3. proceedings quashed. (Para 7)

O R D E R

(Dated this the 23rd day of February, 2026)

This is a petition filed under Section 528 of B.N.S.S , by the accused Nos.1 and 2 in Crime No.808 of 2025 of Palarivattom Police Station. The offence alleged against the petitioners is under Section 85 r/w 3(5) BNS.

2. The prosecution case is that the 1st 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 and thereby they alleged to have committed the aforesaid offence. 3. According to the petitioners, the dispute has been settled with the defacto complainant/victim 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 all 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 amicably 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.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in Crime No.808 of 2025 of Palarivattom Police Station, stands quashed under section

528 of B.N.S.S .

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