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2026 Supreme(Online)(Ker) 26361

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SHANAVAS – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8424 OF 2023 | CRIME NO.215/2019 | CC NO.933 OF 2019



Advocates:
For the Appellants/Petitioners: SRI.P.SAMSUDIN
For the Respondents: SHRI.MURSHID ALI M.

Quashing of Section 498A IPC proceedings under Section 482 CrPC justified in settled matrimonial disputes.

Headnote:The petition under Section 482 CrPC seeks quashing of proceedings in a case under Section 498A IPC, where the 1st accused is the husband and the 2nd accused a relative of the defacto complainant, alleged to have subjected her to cruelty for dowry. The court found the dispute to be a private matrimonial matter amicably settled between parties, with the victim filing an affidavit confirming no further grievances and the Public Prosecutor supporting quashing. **

Issues:** Whether proceedings under Section 498A IPC can be quashed on settlement in non-heinous matrimonial disputes. **

Ratio Decidendi:** Quashing is warranted under Section 482 CrPC to maintain harmonious relations in settled private matrimonial disputes that are not heinous. **

Result:** Crl.M.C allowed; all further proceedings quashed.

Table of Content
1. petition to quash 498a ipc proceedings in matrimonial case. (Para 1 , 2)
2. parties amicably settled dispute with victim affidavit. (Para 3)
3. prosecutor supports quashing non-heinous private dispute. (Para 5 , 6)

ORDER

Dated this the 07th day of April, 2026 This is a petition filed under Section 482 of the Code of Criminal Procedure , by accused Nos. 1 and 2 in Crime No. 215 of 2019 of Mankara Police Station, which is pending as C.C. No. 933 of 2019 on the file of Judicial First Class Magistrate Court-II, Palakkad. The offence alleged against the petitioners is under Section 498-A of the IPC .

2. The prosecution case is that the 1st accused being the husband of the defacto complainant and the other accused being his relative subjected her to cruelty both physically and mentally on the ground of dowry and thereby they are alleged to have committed the aforesaid offence.

3. According to the petitioners, the dispute has been settled with the defacto complainant/victim/ respondent No. 2 and she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for quashing all further proceedings against them. 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 all further proceedings in the case can be quashed. She has no further grievance against the petitioners.

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 petitioners.

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.

In the result, this Crl.M.C is allowed. All further proceedings against the petitioners in C.C. No. 933 of 2019 on the file of Judicial First Class Magistrate Court-II, Palakkad, arising from Crime No. 215 of 2019 of Mankara Police Station, stands quashed under section 482 of the Code of Criminal Procedure .

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