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2026 Supreme(Online)(Ker) 13790

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
JAGADEEP T.C. – Appellant
Versus
STATE OF KERALA. – Respondent
CRL.MC NO. 8177 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.ABOOBACKER SIDHEEQUE
For the Respondents: SHRI.VISHNU NARAYANAN, SMT. BINDU.O.V

The refusal of a victim to settle a dispute undermines the grounds for quashing proceedings under Section 528.

Headnote:The court considered the application under Section 528 for quashing proceedings against the petitioner, an accused in C.C No.271 of 2024. It was noted that the de facto complainant refused to settle the dispute. The court concluded by permitting the dismissal of the application with liberty for the petitioner to challenge the final report on merits. The primary issue was the settlement of a criminal matter with the complainant and the court found no grounds for quashing the proceedings in the absence of such a settlement.

Table of Content
1. quashing proceedings requires consent of complainant. (Para 1)
2. withdrawal of crl.m.c granted for further legal challenge. (Para 2)

O R D E R

(Dated this the 27th day of February, 2026)

The petitioner who is the accused in C.C No.271 of 2024 on the file of Judicial First Class Magistrate Court-I, Kannur, arising out of Crime No.64 of 2024 of Kannur Town Police Station, filed this Crl.M.C under Section 528 praying for quashing all the proceedings against him on the ground that the matter has been settled with the de facto complainant.

2. However, when the SHO concerned contacted the de facto complainant, she stated that she is not willing to settle the dispute. Therefore, the learned counsel for the petitioner seeks permission to withdraw this Crl.M.C with liberty to challenge the final report on merits.

Permission is granted and the Crl.M.C is dismissed as withdrawn with liberty to the petitioner to challenge the final report on merits.

Sd/-

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