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2026 Supreme(Online)(Ker) 24576
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SARATH P – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1187 OF 2026
For the Appellants/Petitioners: SRI.K.RAKESH
For the Respondents: PUBLIC PROSECUTOR SHRI.KIRAN THOMAS
Amicable settlements in non-heinous offences can lead to quashing of proceedings to prevent abuse of judicial process.
Headnote:This case involves a petition filed under Section 528 of B.N.S.S., regarding the allegations against the accused, who purportedly outraged the modesty of the defacto complainant. The case has been amicably settled, as affirmed by the defacto complainant and the Public Prosecutor, indicating no intention to proceed further. Given the nature of the offences and the settlement, the court found sufficient grounds to quash all proceedings against the petitioner. In the result, this Crl.M.C is allowed.
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| 1. amicable settlement allows for quashing of criminal proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6) |
ORDER
Dated this the 27th day of March, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused in Crime No. 1641 of 2025 of Koyilandy police station. The offences alleged against the petitioner are under Sections 74 , 75(1)(i)
and 75(2) of the BNS.
2. The prosecution case is that the accused, after promising to marry the defacto complainant on 17.08.2025 and on another day, outraged her modesty by grabbing her body 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/respondent No. 3 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 defacto complainant/victim filed an 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 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.
In the result, this Crl.M.C is allowed. All further proceedings against the petitioner in Crime No. 1641 of 2025 of Koyilandy police station, is quashed under Section 528 of B.N.S.S.
