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2026 Supreme(Online)(Ker) 29835

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Pratheep Kumar, J
Saji – Appellant
Versus
State Of Kerala – Respondent
CRL.MC NO. 2383 OF 2026



Advocates:
For the Appellants/Petitioners: Sredevi S, V.G.Suresh, Anandhu Satheesh, John Joseph
For the Respondents: Drisya Dileep

Criminal proceedings in non-heinous matrimonial disputes may be quashed by the High Court under Section 528 of the B.N.S.S. when the parties have reached an amicable settlement, thereby serving the interests of justice and maintaining social harmony.

Headnote:The proceedings involved allegations of cruelty under S. 498-A of the Indian Penal Code and the Dowry Prohibition Act. Following a private settlement between the parties, the accused sought to quash the criminal proceedings. The court observed that the dispute was matrimonial and private in nature, and as the parties had reached an amicable resolution, concluded that the interests of justice and preserving harmonious relationships necessitated the quashing of the pending proceedings. The court addressed the question of whether criminal proceedings in a matrimonial matter settled by the parties should be permitted to continue. Relying on the principle that non-heinous matrimonial disputes, once settled, do not warrant the continued expenditure of judicial time, the court determined that the continuation of the case would be counterproductive to the well-being of the parties involved. In the result, the court allowed the petition and quashed all further proceedings against the petitioners.

Table of Content
1. overview of charges and pending criminal proceedings. (Para 1 , 2)
2. parties have settled the dispute, seeking to quash proceedings. (Para 3 , 4 , 5)
3. court quashes proceedings in matrimonial disputes upon amicable settlement. (Para 6 , 7)

O R D E R Dated this the 21st day of May, 2026 This is a petition filed under Section 528 of B.N.S.S., by the accused persons in Crime No.657/2021 of Koodal Police Station, which is pending as CC. No.238/2022 on the file of Judicial First Class Magistrate-I, Pathanamthitta. The offence alleged against the petitioners is under Section

498-A IPC and Section 4 of the Dowry Prohibition Act.

2. The prosecution case is that the 1st accused being the husband of the defacto complainant and the other accused being his relative/s 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/respondent No.3 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.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.238/2022 on the file of Judicial First Class Magistrate-I, Pathanamthitta, arising from Crime No.657/2021 of Koodal Police Station, stands quashed under section528 of B.N.S.S.

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