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2026 Supreme(Online)(Ker) 14244

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ANSAR P.A. – Appellant
Versus
STATE OF KERALA. – Respondent
CRL.MC NO. 674 OF 2026 | CRIME NO.358/2025



Advocates:
For the Appellants/Petitioners: SMT.NEERAJA V.S.
For the Respondents: SMT. C.SEENA

Court quashed proceedings based on amicable settlement, underscoring the importance of family harmony over prosecution in non-serious offenses.

Headnote:This judgment analyzes the proceedings under Section 528 of B.N.S.S. relating to Crime No.358/2025. The petitioner, accused of dowry-related cruelty, reported an amicable settlement with the defacto complainant who endorsed the withdraw of further proceedings. The prosecution acknowledged settlement in the interests of maintaining harmony, leading to the court’s quashing of all proceedings against the petitioner. The main issue before the court was whether amicable resolution merits quashing pending proceedings, with the court highlighting that serious grounds did not exist for prosecution. It affirmed that retaining matrimonial harmony outweighs further legal action. The court allowed the Criminal M.C and quashed the proceedings, recognizing the amicable agreement between the parties involved.

Table of Content
1. petitioner sought quashing of proceedings based on settled dispute. (Para 1 , 2 , 3 , 4 , 5)
2. court emphasized matrimonial harmony over legal continuation. (Para 6)

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.358 of 2025 of Kattoor Police Station, Thrissur, which is pending as CC. No.788 of 2025 on the file of Judicial First Class Magistrate Court, Irinjalakuda. The offence alleged against the petitioner is under Section 85 of 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 CC. No.788 of 2025 on the file of Judicial First Class Magistrate Court, Irinjalakuda, arising from Crime No.358 of 2025 of Kattoor Police Station, Thrissur, stands quashed under Section 528 of B.N.S.S.

Sd/-

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