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2026 Supreme(Online)(Ker) 12919

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
GIRISH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 647 OF 2026 | CC NO.831 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.TISSY ROSE K CHERIYAN, SMT.AMRUTHA SELVARAJ
For the Respondents: SMT.ASHIKA JOSHY, SMT. BINDU.O.V

Amicable settlement between parties can lead to quashing of proceedings in non-heinous matrimonial disputes.

Headnote:This case involves a petition under Section 528 of the B.N.S.S where the accused are seeking to quash further proceedings in CC No.831 of 2025. The prosecution alleged cruelty due to dowry, but both parties have amicably settled the dispute. The court found no serious nature in the offences and granted the petition for quashing proceedings, emphasizing the need for maintaining harmony.

Table of Content
1. accused allege cruelty; dispute settled. (Para 1 , 2 , 3 , 4 , 5)
2. court quashes proceedings for amicable resolution. (Para 6 , 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 which is pending as CC No. 831 of 2025 on the file of Judicial First Class Magistrate Court-II, Kanjirappally. The offence alleged against the petitioners is under Section 85 , 115(2) and 296(b) of BNS.

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, voluntarily caused hurt to her, abused her in filthy words and thereby he alleged to have committed the aforesaid offences.

3. According to the petitioner, the dispute has been amicably settled with the defacto complainant and that 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. 831 of 2025 on the file of Judicial First Class Magistrate Court-II, Kanjirappally arising from crime No.9 of 2026 of Palarivattom Police Station, stands quashed under section 528 of B.N.S.S .

Sd/-

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