IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
PAUL PAILY – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9931 OF 2025|CRIME NO.1141/2023|CC NO.466 OF 2024
| Table of Content |
|---|
| 1. petition under section 528 for quashing charges. (Para 1 , 2 , 3) |
| 2. settlement agreement affirmed by all parties. (Para 4 , 5) |
| 3. court observes dispute is private and non-heinous. (Para 6) |
| 4. proceedings quashed under appropriate sections. (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 persons 1 to 3 in Crime No.1141/2023 of Kadavanthra Police Station, Ernakulam, which is pending as CC. No.466/2024 on the file of Judicial First Class Magistrate Court-VIII, Ernakulam. The offences alleged against the petitioners are under Sections 294 (b), 323, 427, 506 r/w 34 of IPC
2. The prosecution case is that on 17.5.2023 at about 8.45 a.m., the accused persons abused the defacto complainant and his parents in filthy words, intimidated to do away with him, voluntarily caused hurt to him, caused damage to his vehicle and thereby they are alleged to have committed the aforesaid offences.
3. According to the petitioners, the dispute has been settled with the defacto complainant/victims/respondent Nos.2 and 3 and all of them 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 and victim filed affidavits endorsing the averments in the Criminal MC. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have 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 settled between the parties and that the victims are not at all interested in continuing the prosecution against the petitioners.
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 amicably settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between them 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 petitioners in CC. No.466/2024 on the file of Judicial First Class Magistrate Court-VIII, Ernakulam, arising from Crime No.1141/2023 of Kadavanthra Police Station, Ernakulam, stands quashed under section 528 of B.N.S.S.
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