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2026 Supreme(Online)(Ker) 13968

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
ABDUL RAHMAN MUSALIAR @ ABDUL RAHIMAN SAKHAFI @ PERODE ABDUL RAHMAN SAKHAFI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 153 OF 2026|CRIME NO.525/2014|CC NO.1060 OF 2022



Advocates:
For the Appellants/Petitioners: SHRI.T.SHAJITH, SHRI.NAJAH EBRAHIM V.P.
For the Respondents: SHRI.MUHAMMAD SABITH

Amicable settlements in non-heinous offences can result in quashing proceedings to prevent abuse of process.

Headnote:This case concerns a petition filed under Section 528 of B.N.S.S. regarding Crime No.525/2014, with allegations of making sexually colored comments against a minor. The parties agreed to settle the matter amicably, leading to the prosecution's endorsement for quashing further proceedings. The court considered the private nature of the offences and the settlement, ruling that quashing was necessary to maintain harmonious relations. The central issue revolved around the amicable settlement between parties, with the court highlighting the significance of preventing abuse of process. The court concluded that the quashing of proceedings was warranted given the nature of the dispute and the settlement. In the result, this Crl. M.C is allowed.

Table of Content
1. petition details and case settlement. (Para 1 , 2 , 3)
2. affidavit and public prosecutor's stance. (Para 4 , 5)
3. court's reasoning for quashing. (Para 6)
4. final ruling. (Para 7)

O R D E R Dated this the 26th day of February, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No.525/2014 of Valayam Police Station, which is pending as CC. No.1060/2022 on the file of the Judicial First Class Magistrate Court, Nadapuram. The offences alleged against the petitioner are under Sections 509, 354A(1)(iv) of IPC.

2. The prosecution case is that on 11.11.2014 at about 10.30 a.m., the accused with the intention to insult the modesty of the minor daughter of the defacto complainant, made sexually coloured comments in his speech 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 he 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 him, the case has been amicably settled and that he does not intend to proceed with the case and also that further proceedings in the case can be quashed. He 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.1060/2022 on the file of the Judicial First Class Magistrate Court, Nadapuram, arising from Crime No.525/2014 of Valayam Police Station, is quashed under Section 528 of B.N.S.S.

Sd/-

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