IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
AKHIL ELDHOSE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11138 OF 2025 | CRIME NO.1964/2023
| Table of Content |
|---|
| 1. nature of the case and allegations. (Para 1 , 2) |
| 2. amicable settlement and withdrawal of complaint. (Para 3 , 4 , 5) |
| 3. quashing of proceedings for social harmony. (Para 6 , 7) |
O R D E R Dated this the 26th day of February, 2026 This is a petition filed under Section528 of B.N.S.S. , by the accused persons 1 to 3 in Crime No.1964/2023 of Kothamangalam Police Station, which is pending as CC. No.150/2024 on the file of the Judicial First Class Magistrate Court, Kothamangalam. The offences alleged against the petitioners are under Sections 354 , 354 A(1)(i), 506 r/w 34 of IPC .
2. The prosecution case is that on 14.7.2023. at about 1.50 a.m., while the accused persons along with the defacto complainant were returning in a car from Bhoothahankettu Dam, the accused persons outraged the modesty of the defacto complainant by grabbing her body, intimidated her and thereby they are alleged to have committed the aforesaid offences.
3. According to the petitioners, 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, they 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 dispute 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 petitioners.
5. The learned Public Prosecutor, after getting instructions from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the defacto complainant/victim is not 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 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 petitioners in CC. No.150/2024 on the file of the Judicial First Class Magistrate Court, Kothamangalam, arising from Crime No.1964/2023 of Kothamangalam Police Station, stands quashed under Section 528 of B.N.S.S.
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