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Kerala High Court
Shuhaib vs State Of Kerala on 1 December, 2025
2025:KER:92629
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
CRL.MC NO. 10252 OF 2025
CRIME NO.83/2022 OF CHANGARAMKULAM POLICE STATION,
MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CC NO.361 OF 2022 OF
MUNSIFF MAGISTRATE COURT/RENT CONTROL COURT, PONNANI
PETITIONERS:
1 SHUHAIB.,
AGED 23 YEARS,
S/O. MUHAMMED KUTTY, THONDILA VALAPPIL HOUSE,
CHELAKKADAVU, MOOKKUTHALA P.O, NANNAMUKKU,
MALAPPURAM DISTRICT, PIN - 679 574.
2 MUFEES.,
AGED 26 YEARS,
S/O. MOITHUTTY, THONDILA VALAPPIL HOUSE,
CHELAKKADAVU, MOOKKUTHALA P.O, NANNAMUKKU,
MALAPPURAM DISTRICT, PIN - 679 574.
3 MOITHUTTY.,
AGED 51 YEARS,
S/O. ABDULLAH, THONDILA VALAPPIL HOUSE,
CHELAKKADAVU, MOOKKUTHALA P.O, NANNAMUKKU,
MALAPPURAM DISTRICT, PIN - 679 574.
4 AJMAL.,
AGED 30 YEARS,
S/O. MOITHU, THONDILA VALAPPIL HOUSE,
CHELAKKADAVU, MOOKKUTHALA P.O, NANNAMUKKU,
MALAPPURAM DISTRICT, PIN - 679 574.
5 ANAS.,
AGED 23 YEARS,
S/O. ABDU RAHIMAN, THOZHUVANOORIYIL HOUSE,
Crl.M.C No.10252 of 2025
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CHELAKKADAVU, MOOKKUTHALA P.O, NANNAMUKKU,
MALAPPURAM DISTRICT, PIN - 679 574.
6 ABDUL RAHIM.,
AGED 42 YEARS,
S/O. MOITHUTTY, THONDILA VALAPPIL HOUSE,
CHELAKKADAVU, MOOKKUTHALA P.O, NANNAMUKKU,
MALAPPURAM DISTRICT, PIN - 679 574.
BY ADV SHRI.RASSAL JANARDHANAN A.
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 INSPECTOR OF POLICE.,
CHANGARAMKULAM POLICE STATION,
MALAPPURAM DISTRICT, PIN - 679 585.
3 NIYAS MALIYEKKAL HAMZA.,
AGED 39 YEARS,
S/O. HAMZA MALIYEKKAL, MALIYEKKAL HOUSE,
CHELAKKADAVE, MOOKUTHALA P.O, MALAPPURAM DISTRICT,
PIN - 679 574.
4 FATHIMA HAMZA.,
AGED 58 YEARS,
W/O. HAMZA MALIYEKKAL, MALIYEKKAL HOUSE,
CHELAKKADAVE, MOOKUTHALA P.O, MALAPPURAM DISTRICT,
PIN - 679 574.
BY ADV SRI.P.R.AJAY
BY ADV SRI.A VIPIN NARAYAN (SR. PP)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
01.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.10252 of 2025
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ORDER
(Dated this the 1st day of December, 2025)
This is a petition filed under Section 528 of B.N.S.S., by
the accused Nos.1 to 6 in Crime No.83 of 2022 of Changaramkulam
Police Station, which is pending as CC. No.361 of 2022 on the file
of Judicial First Class Magistrate Court, Ponnani. The offences
alleged against the petitioners are under sections 143, 506,
294(b), 147, 148, 341, 323, 324, 324, 448, 354, 354-B, 452 and 149
of IPC.
2. The prosecution case is that the accused persons in
prosecution of the common object formed themselves into an
unlawful assembly on 04.02.2022 at about 1.15 p.m., armed with
deadly weapons, trespassed in to the residence of the de facto
complainant voluntarily caused hurt to CW1, outraged the modesty
of CW2 caused mischief to the residence to the tune of Rs.7,000/-,
intimidated to do away with CW1 and their family members and
thereby they are alleged to have committed the aforesaid offences.
3. According to the petitioners, the dispute has been
settled with the defacto complainant and victims/ respondent Nos.3
and 4 and all of them agreed to drop all further proceedings
relating to the above dispute. Therefore, the petitioners prayed for
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quashing all further proceedings against him/them.
4. The Defacto complainant and victims filed affidavits
endorsing the averments in the Criminal MC. According to them,
the case has been amicably settled and that they do not intend to
proceed with the case and also that further proceedings in the case
can be quashed. They have 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 victims are
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 in
nature and now the dispute has been settled between the parties,
quashment of the same is necessary for maintaining harmonious
relationship between them and also to prevent abuse of process of
the court.
7. In the result, This Crl. M.C is allowed. All further
proceedings against the petitioners in CC. No.361 of 2022 on the
file of Judicial First Class Magistrate Court, Ponnani, arising from
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Crime No.83 of 2022 of Changaramkulam Police Station, stands
quashed under Section 528 of B.N.S.S.
Sd/-
C. PRATHEEP KUMAR,
JUDGE
ADS
2025:KER:92629
APPENDIX OF CRL.MC NO. 10252 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 83/2022 OF
CHANGARAMKULAM POLICE STATION, MALAPPURAM
DISTRICT ALONG WITH THE FIRST INFORMATION
STATEMENT OF THE 3RD RESPONDENT DATED
11/02/2022.
Annexure 2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 23/05/2022 SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE HON'BLE JUDICIAL
FIRST-CLASS MAGISTRATE COURT, PONNANI IN
CRIME NO. 83/2022 OF CHANGARAMKULAM POLICE
STATION, MALAPPURAM DISTRICT.
Annexure 3 THE ORIGINAL AFFIDAVIT SWORN BY THE
RESPONDENT NO.3 DATED 09/11/2025
CONFIRMING THE SETTLEMENT OF ALL THE
DISPUTES WITH THE PETITIONERS.
Annexure 4 THE ORIGINAL AFFIDAVIT SWORN BY THE
RESPONDENT NO.4 DATED 09/11/2025
CONFIRMING THE SETTLEMENT OF ALL THE
DISPUTES WITH THE PETITIONERS.
