Kerala High Court
Rasak vs State Of Kerala on 28 October, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
CRL.MC NO. 8562 OF 2025
CRIME NO.746/2020 OF MANJERI POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.90 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONERS/ACCUSED NOS.1 TO 8:
1 RASAK
AGED 56 YEARS
S/O. ALAVI, PERAPURATH HOUSE, ARAVANKARA,
POOKOTOOR POST, MALAPPURAM, PIN - 676517
2 MUHAMMED MUSTHAFA
AGED 61 YEARS
S/O. MUHAMMED, MANNETHODI HOUSE, ARAVANKARA,
POOKOTOOR POST, MALAPPRUAM, PIN - 676517
3 SHAMSUDHEEN
AGED 48 YEARS
S/O. SAIDALAVI, KOZHEESHWARI HOUSE, ARAVANKARA,
POOKOTOOR, MALAPPURAM DISTRICT, PIN - 676517
4 IBRAHIM
AGED 34 YEARS
S/O. ABOOBACKER, THOTTATH CHERUPARAKKAD HOUSE,
ARAVANKARA, POOKOTOOR, MALAPPURAM DISTRICT, PIN -
676517
5 SAINUL ABIDHEEN
AGED 34 YEARS
S/O. NOTTATH HOUSE, ARAVANKARA, POOKOTOOR,
MALAPPURAM DISTRICT, PIN - 676517
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2
6 MUHAMMED SHABEEB
AGED 25 YEARS
S/O. PUTHOOR PALLIYALI HOUSE, ARAVANKARA,
POOKOTOOR, MALAPPURAM DISTRICT, PIN - 676517
7 MUHAMMED LABEEB
AGED 28 YEARS
S/O. AHAMMED KABEER, CHETTIYARMMAL HOUSE,
ARAVANKARA, POOKOTOOR, MALAPPURAM DISTRICT, PIN -
676517
8 SAMEER
AGED 40 YEARS
S/O. MUHAMMED, PADIKKAPARAMBIL HOUSE, ARAVANKARA,
POOKOTOOR, MALAPPURAM DISTRICT, PIN - 676517
BY ADV SMT.FATHIMA ABOOBACKER P.
RESPONDENTS/STATE,POLICE,DEFACTO COMPLAINANT AND VICTIM:
1 STATE OF KERALA
REPRESENTED BY PUBLCI PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER, MANJERI
MANJERI POLICE STATION, MANJERI POST, MALAPPURAM
DISTRICT, PIN - 676121
3 BENASEERA
AGED 44 YEARS
W/O. NASAR, PATHOOR HOUSE, ARAVANKARA, POOKKOTTUR
POST, MALAPPURAM, PIN - 676517
4 ABDUL LATHEEF
AGED 55 YEARS
S/O. MUHAMMED, PATHOOR HOUSE, MUSLIYAR PEEDIKA,
VALLUVAMBRAM POST, MALAPPURAM, PIN - 676517
BY ADV SHRI.E.C.AHAMED FAZIL
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CRL.M.C.NO.8562 OF 2025
3
OTHER PRESENT:
SR.PP-SRI.A.VIPIN NARAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 28.10.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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4
ORDER
Dated this the 28th day of October, 2025
This is a petition filed under Section 528 of B.N.S.S., by the
accused 1 to 8 in Crime No.746/2020 of Manjeri Police Station, which is
pending as CC. No.90/2021 on the file of Judicial First Class Magistrate
Court-I, Manjeri. The offences alleged against the petitioners are
punishable under Sections 143, 144, 145, 147, 294(b), 323, 324, 341,
354, 506, 149 of IPC.
2. The prosecution case is that due to political rivalry the accused
persons 1 to 8 formed themselves in to an unlawful assembly,
wrongfully restrained CW2, abused him using filthy words, intimidated
him and voluntarily caused hurt to him and caused mischief to the
autorickshaw in which he was travelling and thereby they alleged to
have committed the aforesaid offences.
3. According to the petitioners, the dispute has been settled with
the defacto complainant/victims/ respondent No.3 & 4 and all of them
agreed to drop all further proceedings relating to the above dispute.
Therefore, the petitioners prayed for quashing all further proceedings
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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 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 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 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, 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 and also to prevent abuse of
process of the court.
In the result, This Crl. M.C is allowed. All further
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proceedings against the petitioners in CC. No.90/2021 on the file of
Judicial First Class Magistrate Court-I, Manjeri, arising from Crime
No.746/2020 of Manjeri Police Station, stands quashed.
Sd/-
C. PRATHEEP KUMAR,
JUDGE
Pvv
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PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF FIRST INFORMATION REPORT
ALONG WITH FIRST INFORMATION STATEMENT IN
CRIME NO. 746 OF 2020 OF MANJERI POLICE
STATION, MALAPPURAM DISTRICT.
ANNEXURE A2 TRUE COPY OF THE WRITTEN COMPLAINT
LEADING TO ANNEXURE A1 DATED 17.12.2020.
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 746 OF 2020 OF MANJERI POLICE
STATION, MALAPPURAM DISTRICT ALONG WITH
MEMORANDUM OF EVIDENCE.
ANNEXURE A4 AFFIDAVIT DATED 10.09.2025 SWORN BY THE
RESPONDENT NO. 3.
ANNEXURE A5 AFFIDAVIT DATED 10.09.2025 SWORN BY THE
RESPONDENT NO. 4.
