Kerala High Court
V.P Benin vs State Of Kerala on 30 October, 2025
Crl.MC.No. 5856 of 2025
2025:KER:82527
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 30TH DAY OF OCTOBER 2025 / 8TH KARTHIKA,
1947
CRL.MC NO. 5856 OF 2025
CRIME NO.487/2025 OF Anthikad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN FIR NO.487 OF
2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR
PETITIONER:
V.P BENIN,
AGED 54 YEARS
S/O PARAMESWARAN NAIR, GEETHANJALI, PERUMANNOOR
PO, KOLLAM-, PIN - 691532
BY ADVS.
SHRI.VIVEK NAIR P.
SHRI.M.R.SUDHEENDRAN
RESPONDENT/:
1 STATE OF KERALA
REPRESENTED. BY THE STATION HOUSE OFFICER,
ANTHIKKAD POLICE STATION THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA., PIN - 682031
2 ASWATHI VB,
D/O BABU, AGED 38 YEARS, VELAKKATTU HOUSE,
PERINGOTTUKARA, KIZHAKKUMURI PO, TISSUR RURAL,,
PIN - 680571
BY ADVS.
SRI.C.UNNIKRISHNAN (KOLLAM)
SRI.D.JAYAKRISHNAN
SHRI.V.ASWIN
Crl.MC.No. 5856 of 2025
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SHRI VIJAYKRISHNAN S. MENON
SMT.GARGI RAMACHANDRAN
SHRI.M.R.RADHAKRISHNAN
SHRI.G.GOWARDHAN DEV G. NAIR
SMT.BINITHA MARIA THOMAS
PP-SMT.BINDU O.V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 30.10.2025, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.MC.No. 5856 of 2025
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ORDER
(Dated this the 30th day of October, 2025) This is a petition filed under Section 528 of B.N.S.S, by the accused in Crime No. 487 2025 of Anthikad Police Station. The offences alleged against the petitioner is punishable under Section 85 BNS.
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 alleged to have committed the aforesaid offence.
3. According to the petitioner, the dispute has been settled with the defacto complainant and they 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.
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5. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been 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 are not heinous and very serious, but purely of private in nature and now the dispute has been settled between the parties, this is a fit case in which further proceedings can be quashed by invoking the inherent power of this court. Such a course is also required to maintain the harmonious relationship between the parties to a marriage 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.487 2025 of Anthikad Police Station, stands quashed.
Sd/-
C. PRATHEEP KUMAR JUDGE AKH Crl.MC.No. 5856 of 2025 2025:KER:82527 5 APPENDIX OF CRL.MC 5856/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE CRIME NO. 487/2025 OF ANTHIKAD POLICE STATION Annexure A2 TRUE COPY OF THE AWARD IN THE PLP NO.
293/2025DATE 23/5/2025