SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 14257

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
BIJU B.S – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11744 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.ANOOP
For the Respondents: SMT.SNEHA JOY, SMT.C.SEENA

The court quashed legal proceedings due to amicable settlement between the parties, emphasizing the non-heinous nature of the offences.

Headnote:This petition arises from CRL.MC NO. 11744 OF 2025 under Section 528 of B.N.S.S, concerning crimes under IPC sections including 447 and 354. The petitioner contended the case was amicably settled with the de facto complainant. The Public Prosecutor confirmed the settlement, leading the court to quash proceedings to avoid further legal complications. The court highlighted the mild nature of the offences and the importance of maintaining relationships. Ultimately, the court allowed the petition to quash the case.

Table of Content
1. petition concerns a criminal case related to ipc offences. (Para 1 , 2 , 3 , 4 , 5)
2. court underscores the need to maintain relationships in non-heinous offences. (Para 6)
3. final ruling to quash the case following amicable settlement. (Para 7)

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.753 of 2015 of Town West police station, Thrissur which is pending as CC. No.1613 of 2017 on the file of Judicial First Class Magistrate Court-II, Thrissur. The offences alleged against the petitioner is/are under Sections 447, 341,323, 506(1), 354, 294(b) and 34 IPC.

2. The prosecution case is that on 05.05.2015 at about

1.30 pm, the accused trespassed into the office of the defacto complainant, wrongfully restrained her, abused her in filthy words, intimidated to do away with her, outraged her modesty and thereby he is alleged to have committed the aforesaid offences.

3. According to the petitioner, the dispute has been amicably settled with the defacto complainant/victim and that she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.

4. The de facto 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 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 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 petitioner in CC. No. CC. No.1613 of 2017 on the file of Judicial First Class Magistrate Court-II, Thrissur arising from crime No. Crime No.753 of 2015 of Town West police station, Thrissur is quashed under Section 528 of B.N.S.S .

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top