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2026 Supreme(Online)(Ker) 14156

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
AKHIL UNNIKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1191 OF 2026 | CRIME NO.747/2022



Advocates:
For the Appellants/Petitioners: SHRI.ALEX K.JOHN, SMT.FIDA HUSNA P.P., SMT.ANUSREE S. KUMAR, STM.SREENU RAJ N., SHRI.NITHIN C. REGI, SHRI.NINAN THOMAS, SHRI.GEGO GEORGE, SMT.REENA JACOB, SHRI.MUHAMMED ZAIN
For the Respondents: SHRI.JERRY M VARGHESE PP., ADV. SMT. C.SEENA

Quashing of proceedings is warranted in matrimonial disputes where the parties amicably settle the issue.

Headnote:The judgment concerns a petition under Section 528 of B.N.S.S. by accused for crime No. 747 of 2022. The prosecution alleges cruelty related to dowry. The defacto complainant confirmed the settlement, indicating no interest in pursuing the case. The court found that the matter was a privately resolved matrimonial dispute, warranting quashment for harmony among the parties. The quashment was deemed necessary under Section 528 of B.N.S.S. All proceedings against petitioners are quashed.

Table of Content
1. summary of the facts and settlement agreement. (Para 1 , 2 , 3 , 4 , 5)
2. court's observation on quashing proceedings. (Para 6)
3. final decision on the quashment. (Para 7)

O R D E R

(Dated this the 25th day of February, 2026)

This is a petition filed under Section 528 of B.N.S.S , by the accused Nos.1 to 3 in Crime No.747 of 2022 of Keezhvaipur Police Station, which is pending as CC. No.25 of 2023 on the file of Judicial First Class Magistrate Court, Thiruvalla. The offence alleged against the petitioners is under Section 498A 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 alleged to have committed the aforesaid offence.

3. According to the petitioners, the dispute has been settled with the defacto complainant/victim 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.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.25 of 2023 on the file of Judicial First Class Magistrate Court, Thiruvalla arising from crime No.Crime No.747 of 2022 of Keezhvaipur Police Station, stands quashed under section 528 of B.N.S.S .

Sd/-

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