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2026 Supreme(Online)(Ker) 14245

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SIYAD, SAFAL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 685 OF 2026 | CRIME NO.1432/2017



Advocates:
For the Appellants/Petitioners: SRI.SHIRAS ALIYAR
For the Respondents: SHRI.SURESH P.K.

Settlement between parties can lead to quashing of proceedings for compoundable offences.

Headnote:Statute Analysis: The petition was filed under Section 528 of B.N.S.S. The alleged offences under Sections 341, 323, 324 r/w 34 of IPC and Section 82 of JJ Act are examined. Facts of the Case: The petitioners, accused No. 1 and 2, were alleged to have wrongfully restrained and caused hurt to a minor.

Findings of Court:
The matter was settled amicably with the defacto complainant who does not wish to pursue further action.

Issues: The court framed the question regarding whether the proceedings should be terminated given the amicable settlement.

Ratio Decidendi: The court noted that the offences were less serious and compoundable in nature.

Result: The petition was allowed, and all further proceedings against the petitioners were quashed.

Table of Content
1. petition filed under b.n.s.s. concerning allegations of ipc and jj act. (Para 1 , 2)
2. settlement between the accused and complainant to quash charges. (Para 3 , 4)
3. prosecutor highlights existing cases against the first petitioner. (Para 5)
4. court allows petition considering offence severity and settlement. (Para 6)

ORDER

Dated this the 24th day of February, 2026 This is a petition filed under Section 528 of B.N.S.S. , by accused Nos. 1 and 2 in Crime No. 1432 of 2017 of Aluva East Police Station, which is pending as C.P. No. 43 of 2025 on the file of Judicial First Class Magistrate Court-I, Aluva. The offences alleged against the petitioners are under Sections 341 , 323, 324 r/w 34 of the IPC and 82 of the Juvenile Justice Act (JJ Act).

2. The prosecution case is that on 23.03.2017 at about 8.00 p.m., the 1st accused wrongfully restrained the defacto complainant, who was a minor and along with the other accused persons, voluntarily caused hurt to him 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 he 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 who now became major filed affidavit endorsing the averments in the Criminal MC. According to him, the dispute has been amicably settled and that he does not intend to proceed with the case and also that further proceedings in the case can be quashed.

He has no further grievance against the petitioners.

5. The learned Public Prosecutor submitted that there are five other cases against the 1st petitioner, therefore she prayed for dismissing this Crl.M.C. It is true that as against the 1st petitioner there are five other criminal cases. However, the offences involved in this case are under Sections 341 , 323, 324 r/w 34 of the IPC and Section 82 of the Juvenile Justice Act (JJ Act), which are less serious in nature. Moreover, the offences under and 323 of the are compoundable.

6. Considering the fact that the offences involved in this case are less serious in nature and that the dispute has been settled between the petitioner and the de facto complainant, I am inclined to allow this Crl.M.C.

In the result, this Crl.M.C is allowed. All further proceedings against the petitioners in C.P. No. 43 of 2025 on the file of Judicial First Class Magistrate Court-I, Aluva arising from Crime No. 1432 of 2017 of Aluva East Police Station, stands quashed Section 528 of B.N.S.S.

Sd/-

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