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2026 Supreme(Online)(Ker) 13971

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
VARGHESE.M @ SUNNY – Appellant
Versus
SINI VARGHESE – Respondent
CRL.MC NO. 478 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.P.S.BINU
For the Respondents: PP. ADV. SMT. MAYA.M.N

The court quashed charges under Section 498A IPC following an amicable settlement, asserting that private disputes can be resolved outside of court.

Headnote:The petitioner, under Section 528 of B.N.S.S., seeks to quash proceedings related to CC No. 1469/2020 alleging cruelty under Section 498A IPC due to an amicable settlement with the defacto complainant. The complainant expressed no further grievance, and the Public Prosecutor acknowledged the settlement. The court deemed proceeding further was unnecessary and approved the quashment of proceedings. The main issues before the court were the allegations of cruelty and whether the dispute could be amicably resolved. The court reasoned that as the parties had settled, continuing the prosecution did not serve public interest or justice. Therefore, the Crl. M.C is allowed, quashing all further proceedings against the petitioner.

Table of Content
1. overview of case and settlement. (Para 1 , 2 , 3 , 4 , 5)
2. court's observations on dispute resolution. (Para 6)
3. final ruling and quashment of proceedings. (Para 7)

ORDER

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.238/2020 of Ulikkal Police Station, which is pending as CC. No.1469/2020 on the file of Judicial First Class Magistrate Court, Mattannur. The offence alleged against the petitioner is under Section 498A IPC.

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 and thereby he is alleged to have committed the aforesaid offence.

3. According to the petitioner, the dispute has been settled with the defacto complainant and 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.1469/2020 on the file of Judicial First Class Magistrate Court, Mattannur, arising from Crime No.238/2020 of Ulikkal Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

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