Dileep Kumar vs State Of Kerala
2026 Latest Caselaw 2203 Ker

Kerala High Court

Dileep Kumar vs State Of Kerala on 27 February, 2026

Crl.M.C.1523/2026
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                                                   2026:KER:17997

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR

   FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947

                      CRL.MC NO. 1523 OF 2026

   CRIME NO.1502/2025 OF CHERTHALA POLICE STATION, ALAPPUZHA

     CC NO.15/2026 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,

                             CHERTHALA

PETITIONER/ACCUSED:

             DILEEP KUMAR
             AGED 40 YEARS, S/O SHIVANKUTTY,
             VATTAPARAMBIL HOUSE, CMC 22,
             CHERTHALA, ALAPPUZHA, PIN - 688524


             BY ADV SRI.MANU HARSHAKUMAR


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

     2       KAVERI
             AGED 39 YEARS, D/O ASHOKAN, NIKARTHIL VEETIL,
             CHERTHALA, ALAPPUZHA, PIN - 688524

             BY ADV SHRI.RAPHAEL THEKKAN
OTHER PRESENT:

             PUBLIC PROSECUTOR SRI SANAL P RAJ

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.1523/2026
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                                                                2026:KER:17997



                                  ORDER

Dated this the 27th day of February, 2026

This is a petition filed under Section 528 of B.N.S.S., by the accused in

Crime No.1502/2025 of Cherthala Police Station, which is pending as CC.

No.15/2026 on the file of Judicial First Class Magistrate Court-I, Cherthala.

The offence alleged against the petitioner is under Section 498A IPC.

2. The prosecution case is that the accused being the husband of the

defacto complainant subjected her to cruelty both physically and mentally on

the ground of dowry and thereby he is alleged to have committed the aforesaid

offence.

3. According to the petitioner, the dispute has been settled with the

defacto complainant and she had 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 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

2026:KER:17997

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 petitioner.

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 petitioner in CC. No.15/2026 on the file of Judicial First Class

Magistrate Court-I, Cherthala, arising from Crime No.1502/2025 of Cherthala

Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-

C. PRATHEEP KUMAR, JUDGE sou.

2026:KER:17997

APPENDIX OF CRL.MC NO. 1523 OF 2026

PETITIONER ANNEXURES

Annexure 1 TRUE COPY OF THE FIR IN CRIME NO.1502/2025 OF CHERTHALA POLICE STATION, ALAPPUZHA DISTRICT DATED 30.10.2025.

Annexure 2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.1502/2025 OF CHERTHALA POLICE STATION DATED 24.12.2025.

Annexure 3 ORIGINAL AFIDAVIT WITH REGARD TO THE SAME SWORN BY THE 2ND RESPONDENT DATED 12.02.2026.