[Cites 4, Cited by 0]
Kerala High Court
Afif Mohamed Saleem vs State Of Kerala on 15 December, 2025
2025:KER:96541
Crl.M.C No.4945 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA, 1947
CRL.MC NO. 4945 OF 2024
CRIME NO.182/2020 OF Mattancherry Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.337 OF 2021 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERY
PETITIONERS/ACCUSED 1 TO 6:
1 AFIF MOHAMED SALEEM
AGED 33 YEARS
S/O SALIM.V.H., VALIYAPARAMBIL HOUSE, HOUSE NO.CC
6/1196F, MUSLIM MAHAL ROAD, NEAR I.O.B. BANK,
MATTANCHERY, ERNAKULAM DISTRICT, PIN - 682002
2 SALIM.V.H
AGED 65 YEARS
S/O SULAIMAN, VALIYAPARAMBIL HOUSE, HOUSE NO.CC
6/1196F, MUSLIM MAHAL ROAD, NEAR I.O.B. BANK,
MATTANCHERY, ERNAKULAM DISTRICT, PIN - 682002
3 SHAHIDA SALIM
AGED 60 YEARS
W/O SALIM.V.H., VALIYAPARAMBIL HOUSE, HOUSE NO.CC
6/1196F, MUSLIM MAHAL ROAD, NEAR I.O.B. BANK,
MATTANCHERY, ERNAKULAM DISTRICT, PIN - 682002
4 ROUSHI KAMIL
AGED 37 YEARS
W/O MUFEED KAMIL, THOTTIPARABIL HOUSE, KUMMAKALLE,
THODUPUZHA EAST P.O., IDUKKI DISTRICT, PIN 685585,
NOW RESIDING AT VALIYAPARAMBIL HOUSE, HOUSE NO.CC
6/1196F, MUSLIM MAHAL ROAD, NEAR I.O.B. BANK,
MATTANCHERY, ERNAKULAM DISTRICT, PIN - 682002
5 MUFFEED KAMIL
AGED 41 YEARS
S/O ABDUL KHADER, THOTTIPARABIL VEETTIL HOUSE,
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Crl.M.C No.4945 of 2024
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KUMMAKALLE, THODUPUZHA EAST P.O., IDUKKI DISTRICT,
PIN 685585, NOW RESIDING AT VALIYAPARAMBIL HOUSE,
HOUSE NO.CC 6/1196F, MUSLIM MAHAL ROAD, NEAR I.O.B.
BANK, MATTANCHERY, ERNAKULAM DISTRICT, PIN - 682002
6 ABDUL KHADER.M.T.
AGED 70 YEARS
THOTTIPARABIL HOUSE, KUMMAKALLE, THODUPUZHA EAST
P.O., IDUKKI DISTRICT, PIN - 685585
BY ADVS.
SHRI.BIMAL PRASAD
SMT.ANNIE EDNA ARAKKEL
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 HIBA FAZLY
AGED 26 YEARS
D/O SIRAJUDHEEN V.H., BAITHUNOOR HOUSE, AROOR
VILLAGE, CHERTHALA TALUK, AALAPPUZHA DISTRICT, PIN -
688526
3 SIRAJUDHEEN V.H
AGED 57 YEARS
S/O V.H. HABEEBULLAH, BAITHUNOOR HOUSE, AROOR
VILLAGE, CHERTHALA TALUK, AALAPPUZHA DISTRICT,, PIN
- 688526
BY SR.PP SMT.BINDU O.V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C No.4945 of 2024
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ORDER
This is a petition filed under Section 482 of the Code of
Criminal Procedure, by the accused Nos.1 to 6 in Crime No.182 of 2020
of Mattancherry Police Station, Ernakulam, which is pending as CC.
No.337/2021 on the file of the Judicial First Class Magistrate Court,
Mattanchery. The offences alleged against the petitioners are under
Sections 323, 506 and 498A of the Indian Penal Code, 1860.
2. The prosecution case is that the 1st 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, voluntarily caused hurt to her and intimidated her 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/victim/ respondent Nos.2 and 3 and they
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/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
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and also that all 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 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.337/2021 on the file of the Judicial
First Class Magistrate Court, Mattanchery, arising from crime No.182 of
2020 of Mattancherry Police station, Ernakulam,stands quashed under
Section 482 of Cr.P.C.
Sd/-
C.PRATHEEP KUMAR, JUDGE
ma/15.12.2025
2025:KER:96541
APPENDIX OF CRL.MC NO. 4945 OF 2024
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FINAL REPORT DATED
23.02.2021 IN C.C. NO.337/2021 ON THE
FILES OF HON'BLE COURT OF JUDICIAL FIRST
CLASS MAGISTRATE, MATTANCHERY WHICH AROSE
FROM CRIME NO.182/2020 OF MATTANCHERY
POLICE STATION, ERNAKULAM DISTRICT
Annexure A2 6. ORIGINAL AFFIDAVIT DATED 28.03.2023
SWORN BY THE 2ND RESPONDENT REGARDING THE
SETTLEMENT OF DISPUTES BETWEEN HER AND THE
1ST, 2ND, 3RD, 4TH 5TH AND 6TH PETITIONERS
Annexure A3 ORIGINAL AFFIDAVIT DATED 16.4.2024 SWORN
BY THE 3RD RESPONDENT REGARDING THE
SETTLEMENT OF DISPUTES BETWEEN HIM AND THE
1ST, 2ND, 3RD, 4TH 5TH AND 6TH PETITIONERS
