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Kerala High Court
Bineesh Maman vs State Of Kerala on 2 December, 2025
2025:KER:93136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 2ND DAY OF DECEMBER 2025 / 11TH AGRAHAYANA, 1947
CRL.MC NO. 474 OF 2025
CRIME NO.458/2021 OF SULTHAN BATHERY POLICE STATION,
WAYANAD AGAINST THE ORDER/JUDGMENT IN CC NO.281 OF 2022 OF
MUNSIFF MAGISTRATE COURT/RENT CONTROL COURT, SULTHAN BATHERI.
PETITIONERS:
1 BINEESH MAMAN.,
AGED 40 YEARS,
S/O MAAMAN P.J, AGED 40 YEARS,
PAZHAYIDATHU HOUSE, KODAVALLAM UPPADY AMSAM,
SULTHAN BATHERRY TALUK,WAYNAD DISTRICT,
PIN - 673 592.
2 MAAMAN P.J.,
AGED 71 YEARS,
S/O JOSEPH, PAZHAYIDATHU HOUSE, KODAVALLAM UPPADY
AMSAM,SULTHAN BATHERRY TALUK,WAYNAD DISTRICT,
PIN - 673 592.
3 ANNAMMA MAAMAN.,
AGED 60 YEARS,
W/O MAMAN, PAZHAYIDATHU HOUSE, KODAVALLAM UPPADY
AMSAM,SULTHAN BATHERRY TALUK,WAYNAD DISTRICT,
PIN - 673 592.
4 MANOJ JOSEPH.,
AGED 39 YEARS,
S/O JOSEPH, KALAMATTAM HOUSE,
KAMASSERY,MULAMKAVUPO,KUPPADY AMSAM,
SULTHAN BATHERRY TALUK,WAYNAD DISTRICT,
PIN - 673 592.
Crl.M.C No.474 of 2025
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5 MINTU MANOJ.,
AGED 34 YEARS,
W/O MANOJ, KAMASSERY, MULAMKAVU P.O,
KUPPADY AMSAM, SULTHAN BATHERRY TALUK,
WAYNAD DISTRICT, PIN - 673 592.
BY ADVS.
SRI.ALEXANDER JOSEPH
SMT.AKHILASREE BHASKARAN
SHRI.ANTONY NIKHIL REMELO
SHRI.AJITH SUNNY
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE INSPECTOR OF POLICE.,
SULTAN BATHERY POLICE STATION,
SULTAN BATHERY, WAYNAD DISTRICT,
PIN - 673 592.
3 ALANTA SAJU.,
AGED 36 YEARS,
W/O BINEESH MAMMAN , NEERAMPUZHA HOUSE,
SASIMALA P.O , PADICHIRA AMSAM, PALLYYTHAZHE
SULTHAN BATHERY TALUK , WAYANAD DISTRICT,
PIN - 673 579.
4 THE REGIONAL PASSPORT OFFICER,
KOZHIKODE, OFFICE OF THE REGIONAL PASSPORT OFFICE,
MINI BYPASS ROAD , ERANHIPPALAM P O,
KOZHIKODE (IS IMPLEADED AS ADDITIONAL RESPONDENT
NO. 4 VIDE ORDER DATED 03.02.2025 IN CRL MA 2/2025
IN CRL MC 474/2025).
BY ADVS.
SRI.P.M.SANEER
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SHRI.ANZAR AL JALEEL
SRI.A VIPIN NARAYAN (SR. PP)
Crl.M.C No.474 of 2025
2025:KER:93136
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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
02.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.474 of 2025
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ORDER
(Dated this the 2nd day of December, 2025)
This is a petition filed under Section 528 of B.N.S.S., by
the accused Nos.1 to 5 in Crime No.458 of 2021 of Sulthan
Bathery Police Station, which is pending as CC. No.281 of 2021 on
the file of Judicial First Class Magistrate Court-I. The offence
alleged against the petitioners is under Section 498-A of IPC.
2. The prosecution case is that the 1 st accused being the
husband of the defacto complainant and the other accused being
his relatives subjected her to cruelty both physically and mentally
on the ground of dowry and thereby they alleged to have
committed the aforesaid offence.
3. According to the petitioners, the dispute has been
settled with the defacto complainant/victim/ 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 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
2025:KER:93136
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.281 of 2021 on the
file of Judicial First Class Magistrate Court-I, arising from Crime
No.458 of 2021 of Sulthan Bathery Police Station, stands quashed
under Section 528 of B.N.S.S.
Sd/-
C. PRATHEEP KUMAR
JUDGE
ADS
2025:KER:93136
APPENDIX OF CRL.MC NO. 474 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE CERTIFIED COPY OF FIR NO. 458/2021
DATED 01/07/2021 OF SULTHAN BATHERY
POLICE STATION.
Annexure A2 TRUE CERTIFIED COPY OF THE FI STATEMENT
OF THE DE-FACTO COMPLAINANT.
Annexure A3 TRUE CERTIFIED COPY OF THE MEMORANDUM OF
EVIDENCE IN CRIME NO. 458/2021.
Annexure A4 TRUE CERTIFIED COPY OF THE ADDITIONAL
STATEMENT OF THE DE-FACTO COMPLAINANT.
Annexure A5 TRUE CERTIFIED COPY OF THE STATEMENT OF
ALAN SAJU.
Annexure A6 TRUE CERTIFIED COPY OF THE STATEMENT OF
LISSY.
Annexure A7 TRUE CERTIFIED COPY OF THE STATEMENT OF
THE SALOMY.
Annexure A8 TRUE CERTIFIED COPY OF THE STATEMENT OF
THE SHINAMMA.
Annexure A9 TRUE CERTIFIED COPY OF THE STATEMENT OF
THE JAYASUDHA.
Annexure A10 TRUE CERTIFIED COPY OF THE STATEMENT OF
THE ALI ASKAR.
Annexure A11 TRUE CERTIFIED COPY OF THE OWNERSHIP
CERTIFICATE DATED 20/09/2021 OF THE HOUSE
OF THE 2ND PETITIONER.
Annexure A12 CERTIFICATE OF MARRIAGE DATED 14/07/2021
ISSUED BY THE REGISTRAR OF MARRIAGES
NOOLPUZHA GRAMA PANCHAYAT.
Annexure A13 TRUE CERTIFIED COPY OF THE FINAL REPORT
2025:KER:93136
IN C.C NO. 281/2021 OF THE JUDICIAL 1ST
CLASS MAGISTRATE COURT-1 SULTAN BATHERY
DATED 20/09/2021 UNDER SECTION 498 A OF
IPC.
Annexure A14 TRUE COPY OF JUDGMENT DATED 26/11/2024 IN
MAT APPEAL NO 581/2023 OF THIS HON'BLE
COURT.
Annexure A15 TRUE COPY OF THE JOINT PETITION DATED
02/12/2022 FILED BY THE 1ST PETITIONER
AND DE FACTO COMPLAINANT BEFORE THE
FAMILY COURT KALPATTA.
Annexure A16 TRUE COPY OF PASSPORT NO. M 9881305 OF
THE 1ST PETITIONER.
Annexure A17 TRUE COPY OF THE RECEIPT OF THE PASSPORT
APPLICATION.
Annexure A18 TRUE COPY OF THE PASSPORT APPLICATION OF
THE 1ST PETITIONER.
Annexure A19 TRUE COPY OF THE FIRST PAGE OF PASSPORT
NO. Z8026522 DATED 15/10/2024 ISSUED BY
THE REGIONAL PASSPORT OFFICER KOZHIKODE
TO THE 1ST PETITIONER.
Annexure A20 TRUE COPY OF THE NOTICE DATED 24/10/2024
OF THE REGIONAL PASSPORT OFFICE KOZHIKODE
TO THE 1ST PETITIONER.
Annexure A21 TRUE COPY OF THE EXPLANATION OF THE 1ST
PETITIONER TO THE REGIONAL PASSPORT
OFFICER KOZHIKODE.
Annexure A22 TRUE COPY OF THE APPLICATION DATED
18/11/2024 IN C.M.P NO. 11903/2024 IN C.C
NO. 281/2022 OF THE 1ST PETITIONER FILED
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-I SULTAN BATHERY FOR
NOC.
Annexure A23 TRUE COPY OF THE ORDER DATED 17/12/2024
IN WP(C) NO. 44430/2024 OF THIS HON'BLE
2025:KER:93136
COURT.
Annexure A24 TRUE CERTIFIED CARBON COPY OF THE ORDER
DATED 18/12/2024 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I SULTAN BATHERY
IN C.M.P NO. 11903/2024 IN C.C NO.
281/2022.
