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2026 Supreme(Online)(Ker) 13979

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SUBIN VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11119 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.SHAJ, SMT.BEENA N.KARTHA, SRI.ARUN CHAND, SHRI.BHARAT VIJAY P., SHRI.KEVIN JAMES, SHRI.AKASH JOSHI, SMT.MINU VITTORRIA PAULSON, SMT.GOPIKA GOPAL, SMT.ARCHANA P.P., SHRI.REN SHIBU, SMT.SHEHROON PATEL A.K., SHRI.ISSAC MELVIN B.O., SHRI.ALVIN JOSEPH
For the Respondents: SMT.NEETHU S.

Quashing of proceedings in matrimonial disputes is justified when both parties reach an amicable settlement and no serious offence is involved.

Headnote:Statute Analysis: The petition was filed under Section 528 of B.N.S.S. regarding the allegations under Section 85 BNS. Facts of the Case: The petitioner was accused of cruelty towards the defacto complainant on dowry grounds. The parties reached an amicable settlement, and the complainant sought to drop the charges.

Findings of Court:
The court acknowledged the settlement and deemed quashing of proceedings essential for maintaining harmony.

Issues: The court recognized whether the amicable settlement warranted quashing further proceedings.

Ratio Decidendi: The court reasoned that since the dispute was of a matrimonial nature and not serious, quashing was justified.

Result: This Crl. M.C is allowed. All further proceedings against the petitioner in Crime No.1368/2025 of Thrikkodithanam Police Station, stands quashed under Section 528 of B.N.S.S.

Table of Content
1. petition filed under section 528 amidst claims of settled matrimonial dispute. (Para 1 , 2 , 3)
2. affidavit submitted confirming non-interest in proceeding with the case. (Para 4 , 5)
3. court discussion emphasizes need for harmony after non-serious disputes. (Para 6)
4. court decision to quash proceedings based on settlement. (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.1368/2025 of Thrikkodithanam Police Station. The offence alleged against the petitioner is under Section 85 BNS.

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 Crime No.1368/2025 of Thrikkodithanam Police Station, stands quashed under Section 528 of B.N.S.S.

C. PRATHEEP KUMAR, JUDGE

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