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2026 Supreme(Online)(Ker) 13973

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
DEEPUMON T – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 712 OF 2026|CRIME NO.1721/2025



Advocates:
For the Appellants/Petitioners: SMT.M.P. ANITHA
For the Respondents: SHRI.RAHUL RAJEEV, SMT. C.SEENA

The court allows quashing of proceedings under Section 528 of B.N.S.S., emphasizing the amicable settlement and the non-serious nature of alleged offences.

Headnote:This case involves a petition under Section 528 of B.N.S.S., where the accused allegedly violated a protection order and committed mischief. Facts reveal an amicable settlement, as affirmed by the complainant and Public Prosecutor, leading to the quashment of proceedings for maintaining harmony. The court articulates that the offences are not heinous and reaffirms the necessity of quashing to prevent abuse of process. Thus, this Crl. M.C is allowed.

Table of Content
1. alleged offences settled amicably (Para 1 , 2 , 3 , 4 , 5)
2. court emphasizes non-serious nature of offences (Para 6)
3. final decision to quash 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.1721/2025 of North Paravur police station. The offences alleged against the petitioner is under Sections 329 (3) of BNS and 31(1) of the Protection of Women from Domestic Violence Act. 2. The prosecution case as revealed from the FIR is that the accused who is the husband of the defacto complainant in violation of the protection order passed by the Judicial First Class Magistrate Court- I, North Paravur, in M.C.No.07/2025 on 26.09.2025 at about 08.00 p.m., trespassed into her residence, abused her in filthy words and committed mischief to the residence to the tune of Rs.10,000/- 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.1721/2025 of North Paravur police station, is quashed under Section 528 of B.N.S.S.

Sd/-

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