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2026 Supreme(Online)(Ker) 13643

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
HARISH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 2766 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.T.SHEEJISH
For the Respondents: SRI.C.H.ABDUL RASAC

Quashing of proceedings permissible when disputes are amicably settled and offenses are private in nature.

Headnote:This is a petition under Section 528 of B.N.S.S. concerning alleged offences under Sections 294(b) and 506 of IPC. The petitioner contended that the dispute settled amicably with the defacto complainant, who affirmed her desire to withdraw the case. The Public Prosecutor corroborated this position. The Court found the offences not heinous and allowed the quashment of proceedings, endorsing the settlement as necessary to maintain harmony.

Result: All proceedings against the petitioner are quashed.

Table of Content
1. petitioner sought quashment after amicable settlement. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. court decision to quash proceedings. (Para 7)

O R D E R Dated this the 20th day of February, 2026 This is a petition filed under Section 528 of B.N.S.S. ), by the accused in Crime No.1399/2023 of Chalakkudy Police Station, Thrissur, which is pending as CC. No.1723/2023 on the file of Judicial First Class Magistrate Court-I, Chalakkuady. The offences alleged against the petitioner are under Sections

294(b) and 506 of IPC .

2. The prosecution case is that on 8.11.2023 at about 4.35 p.m., the accused abused the defacto complainant using filthy words and intimidated to do away with her and thereby he is alleged to have committed the aforesaid offences.

3. According to the petitioner, the dispute has been amicably settled with the defacto complainant/respondent No.2 and that she 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/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 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 interested in continuing the prosecution against the petitioner.

6. Considering the fact that the offences involved in this case are not heinous and very serious, but purely of private in nature and now the dispute has been settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between the parties and also to prevent abuse of process of the court.

7. In the result, This Crl. M.C is allowed. All further proceedings against the petitioner in CC. No.1723/2023 on the file of Judicial First Class Magistrate Court-I, Chalakkuady, arising from Crime No.1399/2023 of Chalakkudy Police Station, Thrissur, is quashed under Section 528 of B.N.S.S.

Sd/-

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