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2026 Supreme(Online)(Ker) 12917

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SUNEETH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 621 OF 2026 | CRIME NO.1317/2014



Advocates:
For the Appellants/Petitioners: SRI.RASHEED C.NOORANAD, SHRI.AADHIL RASHEED
For the Respondents: SRI.V.S.NOWSHAD, SMT. C.SEENA

The court quashed proceedings under Section 528 of B.N.S.S for an amicably settled matrimonial dispute.

Headnote:This case involves a petition filed under Section 528 of B.N.S.S by the accused in pending proceedings alleging cruelty under Section 498A IPC. The complainant has settled the matter and does not wish to pursue the case, as confirmed by the Public Prosecutor. The Court determines the nature of the dispute as matrimonial, which has been amicably resolved, warranting the quashing of further proceedings. Resultantly, the criminal miscellaneous case is allowed, quashing all further proceedings against the petitioners in this matter.

Table of Content
1. amicable settlement of a matrimonial dispute and withdrawal of proceedings. (Para 1 , 2 , 3 , 4 , 5)
2. quashing of proceedings is justified to maintain harmony. (Para 6)
3. final decision to quash all proceedings. (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.1317 of 2014 of Anchal Police Station which is pending as CC No. 1047 of 2016 on the file of Judicial First Class Magistrate Court-I, Punalur. The offence alleged against the petitioners is under Section 498A r/w 34 IPC .

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.1317 of 2014 of Anchal Police Station, which is pending as CC No. 1047 of 2016 on the file of Judicial First Class Magistrate Court-I, Punalur stands quashed under section 528 of B.N.S.S .

Sd/-

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