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2026 Supreme(Online)(Ker) 13969

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
AFSAL KHAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 315 OF 2026 | CRIME NO.1411/2025



Advocates:
For the Appellants/Petitioners: SHRI.APPU AJITH
For the Respondents: SMT.SHYNI DAS J.S.

The court allows quashing of proceedings in a case of non-heinous offences after amicable settlement between parties to maintain harmony.

Headnote:This judgment relates to a criminal miscellaneous case under Section 528 of B.N.S.S. where the petitioner, accused of offences under B.N.S. and the Information Technology Act, sought to quash proceedings due to amicable settlement with the victim. The court found that the offences were not heinous and that their settlement would maintain harmony between the parties, determining that quashing was appropriate. The court allowed the application and quashed all further proceedings against the petitioner.

Table of Content
1. petition under section 528 of b.n.s.s. for quashing proceedings based on amicable settlement. (Para 1 , 2 , 3 , 4)
2. public prosecutor's endorsement of settlement further supports quashing pending proceedings. (Para 5)
3. court determined offences not to be heinous, warranting quashing for harmonious relations. (Para 6)
4. final ruling to quash all proceedings against petitioner. (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.1411/2025 of Thampanoor Police Station, Thiruvananthapuram. The offences alleged against the petitioner are under Sections 351, 75(1)(ii), 78(2) of BNS and Sections 66E and 67 of the Information Technology (Amendment)

Act, 2008.

2. The prosecution case is that the accused, after making friendship with the defacto complainant through Instagram, obtained her nude photographs and thereafter blackmailed her using the said photographs and caused her to meet him at 10 a.m. on 18.10.2025, saved her nude photographs in another phone belonging to him. 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/victim/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 Crime No.1411/2025 of Thampanoor Police Station, Thiruvananthapuram, is quashed under Section 528 of B.N.S.S.

Sd/-

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