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2026 Supreme(Online)(Ker) 13975

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
RAJESH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1629 OF 2026|CC NO.1289 OF 2024|CRIME NO.809/2024



Advocates:
For the Appellants/Petitioners: SMT.MANJUSHA K
For the Respondents: SRI.K.SIJU, SMT. MAYA.M.N

Quashing of proceedings in matrimonial disputes is justified if the parties amicably resolve issues, preserving harmony.

Headnote:Statute Analysis: This case analyzes Section 528 of B.N.S.S. The petitioners, accused of offences under Section 498-A r/w 34 IPC, sought quashment of proceedings. Facts: The defacto complainant endorsed a settlement and expressed her desire to drop the case.

Findings of Court:
Considering the amicable settlement of a non-heinous private dispute, the court allowed the petition and quashed the proceedings.

Issues: The court examined if the settlement warranted quashment of proceedings and whether the interests of justice were met.

Ratio Decidendi: The court articulated the necessity of harmonizing relationships in private matrimonial disputes.

Result: This Crl. M.C is allowed and all further proceedings against the petitioners stand quashed.

Table of Content
1. allegations of cruelty and dowry related offenses can be quashed with the victim's consent. (Para 1 , 2 , 3 , 4 , 5)
2. court recognizes amicable settlements in non-heinous disputes. (Para 6)

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 1 to 4 in Crime No.809/2024 of Vallikunnam Police Station, which is pending as CC. No.1289/2024 on the file of Judicial First Class Magistrate Court, Kayamkulam. The offences alleged against the petitioners are under Section 498-A r/w 34 IPC .

2. The prosecution case is that the 1st accused being the husband of the defacto complainant and the other accused being his relatives subjected her to cruelty both physically and mentally on the ground of dowry and thereby they are alleged to have committed the aforesaid offence.

3. According to the petitioners, the dispute has been settled with the defacto complainant/victim/ respondent No.2 and she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for quashing all further proceedings against them.

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 all further proceedings in the case can be quashed. She has no further grievance against the petitioners.

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 petitioners.

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.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.1289/2024 on the file of Judicial First Class Magistrate Court, Kayamkulam, arising from Crime No.809/2024 of Vallikunnam Police Station, stands quashed under section 528 of B.N.S.S.

Sd/-

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