IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
RAJEEV @ KOTTANTHARA RAJEEV – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 672 OF 2026
| Table of Content |
|---|
| 1. amicable settlement of dispute. (Para 1 , 2 , 3 , 4) |
| 2. opposition to quash based on other pending cases. (Para 5 , 6) |
| 3. non-heinous nature of offences. (Para 7) |
| 4. final ruling allowing quashment. (Para 8) |
O R D E R
(Dated this the 24th day of February, 2026)
This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No.775 of 2025 of Koodal Police Station, Pathanamthitta. The offences alleged against the petitioner is under Sections 296(b), 126(2) and 115(2) of BNS.
2. The prosecution case as revealed from the FIR is that, on 14.09.2025 at about 8.30 p.m., when the de facto complainant tried to save her son from being attacked by the accused, he abused her in filthy words, voluntarily caused hurt to the de facto complainant, her son and daughter-in-law and thereby he is alleged to have committed the aforesaid offences.
3. According to the petitioner, the dispute has been settled with the defacto complainant/victims/ respondent Nos.3 to 5 and all of them 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 and victims 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 petitioner.
5. The petition was opposed by the learned Public Prosecutor, on the ground that 10 other cases are pending against the petitioner. Therefore, the learned Public Prosecutor praying for dismissing this Crl.M.C.
6. It is true that 10 other criminal cases are pending against the petitioner. However, in the instant case, the offences involved are under Sections 341, 323 and 294(b) IPC and out of which 341 and 323 are compoundable and 294(b) is not a serious offence.
7. 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.
8. In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in Crime No.775 of 2025 of Koodal Police Station, Pathanamthitta, stands quashed under Section 528 of B.N.S.S.
Sd/-
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