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2026 Supreme(Online)(Ker) 12918

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
NICKSON JACKSON – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 641 OF 2026 | CRIME NO.9/2026



Advocates:
For the Appellants/Petitioners: SRI.G.SUDHEER, SRI.R.HARIKRISHNAN
For the Respondents: SMT.N.P.ASHA, SMT. C.SEENA

Court allows quashment of proceedings in settled matrimonial dispute to maintain harmony.

Headnote:The petitioners, accused in Crime No.9 of 2026 under Section 85 r/w 3(5) BNS, sought to quash proceedings citing a settlement with the defacto complainant. The court noted that the dispute was a private matrimonial issue amicably resolved, warranting quashment for harmony. 'In the result, this Crl. M.C is allowed.'

Table of Content
1. nature of matrimonial dispute and settlement. (Para 1 , 2 , 3 , 4 , 5)
2. need for harmony in settled disputes. (Para 6)
3. final decision on quashing 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.9 of 2026 of Valiyathura 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, voluntarily caused hurt to her and thereby they alleged to have committed the aforesaid offences.

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 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.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in Crime No.9 of 2026 of Palarivattom Police Station, stands quashed under section

528 of B.N.S.S .

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