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2026 Supreme(Online)(Ker) 14900

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
LIBIN BABU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 305 OF 2026 | CC NO. 1335 OF 2019 | CRIME NO. 870/2019



Advocates:
For the Appellants/Petitioners: SMT.K.SEENA
For the Respondents: SRI.P.S.BINU SR. PP, SMT. BINDU.O.V

The court can quash proceedings in non-serious offences when amicable settlements exist, promoting harmony between parties.

Headnote:This petition was filed under Section 528 of B.N.S.S, concerning CC No. 1335 of 2019. The case involved allegations of trespassing and causing hurt. The court found that the matter had been amicably settled, with the victim withdrawing her case. The court ruled that the case could be quashed as the offences were of a private nature and settling would maintain harmony. The court addressed the issue of whether the proceedings should be quashed, emphasizing that maintaining harmony between the parties was essential. The ratio decidendi highlighted that the non-serious nature of the offences warranted such an intervention. Ultimately, the court allowed the petition to quash further proceedings against the petitioner as it served the interest of justice.

Table of Content
1. case involves allegations of trespass and personal harm. (Para 1 , 2)
2. (Para 3 , 4 , 5)
3. recognizing private nature of offences justifies quashing. (Para 6)
4. final resolution favors quashing of proceedings. (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 in Crime No.870 of 2019 of Enath police station, which is pending as CC. No. 1335 of 2019 on the file of Judicial First Class Magistrate Court, Adoor. The offences alleged against the petitioner are under Sections 452 , 294(b), 324, 354 and 506 IPC .

2. The prosecution case is that on 04.07.2019 at about

3.00 pm, the accused trespassed into the residence of the defacto complainant, voluntarily caused hurt to her, outraged her modesty by tearing off her blouse, intimated to do away with her 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 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. 1335 of 2019 on the file of Judicial First Class Magistrate Court, Adoor arising from Crime No.870 of 2019 of Enath police station, is quashed under Section 528 of B.N.S.S .

Sd/-

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