Kerala High Court
Dinil. N vs State Of Kerala on 12 September, 2025
2025:KER:67889
Crl.M.C.No.4422/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
CRL.MC NO. 4422 OF 2025
CRIME NO.5/2021 OF TANUR POLICE STATION, MALAPPURAM
IN CC NO.712 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,PARAPPANANGADI
PETITIONERS/ACCUSED:
1 DINIL. N
AGED 35 YEARS
S/O. NAMBIDI CHANDRAN,
CHERUPARAMBIL,
PALLIKKAL BAZAR,
PALLIKKAL P.O.,
MALAPPURAM DISTRICT,
PIN - 673653
2 CHANDRAN
AGED 59 YEARS
S/O. SANKARAN,
CHERUPARAMBIL HOUSE,
PALLIKKAL BAZAR,
PALLIKKAL POST,
MALAPPURAM DISTRICT,
PIN - 673653
3 DEVAKI
AGED 54 YEARS
W/O. CHANDRAN,
CHERUPARAMBIL HOUSE,
PALLIKKAL BAZAR,
PALLIKKAL POST,
MALAPPURAM DISTRICT,
PIN - 673653
4 DIVYA
AGED 30 YEARS
2025:KER:67889
Crl.M.C.No.4422/2025
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D/O. CHANDRAN,
CHERUPARAMBIL HOUSE,
PALLIKKAL BAZAR,
PALLIKKAL POST,
MALAPPURAM DISTRICT,
PIN - 673653
BY ADV SHRI.K.P.SUDHEER
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI,
PIN - 682031
2 STATION HOUSE OFFICER
TANUR POLICE STATION,
TANUR, MALAPPURAM DISTRICT,
PIN - 676302
3 ANJU
AGED 27 YEARS
D/O. RAJI, MATHERI HOUSE,
ONAKATT, OZHUR POST,
MALAPPURAM DISTRICT,
PIN - 676307
BY ADV SMT.A.AMRUTHA VIDYADHARAN
OTHER PRESENT:
SMT PUSHPALATHA M.K., SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.09.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.4422/2025
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ORDER
The petitioners are the accused in C.C.No.712/2021 on the files of
the Judicial First Class Magistrate Court, Parappanangadi, which arose
out of Crime No.5/2021 of Tanur, Police Station, Malappuram. The
offences alleged against them are under Sections 406 & 498A read with
Section 34 of the Indian Penal Code, 1860. The first petitioner is the son
of the petitioners 2 & 3. The fourth petitioner is the sister of the first
petitioner.
2. The prosecution case is that ever since the marriage of the
first petitioner with the de facto complainant on 22.10.2017, the
petitioners have been subjecting the de facto complainant to matrimonial
cruelty. It is also alleged that the petitioners criminally misappropriated
the gold ornaments belonging to the de facto complainant. Thus, the
petitioners are alleged to have committed the aforesaid offences.
3. In the present petition, the petitioners would contend that
they are totally innocent, and that they have been falsely implicated in
this case. It is further stated that all issues between the petitioners and
the de facto complainant have been amicably settled in mediation,
pursuant to the reference of a Mat. Appeal between the first petitioner
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and the de facto complainant for mediation as per the order of a Division
Bench of this Court.
4. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
5. The memorandum of agreement signed by the first petitioner
and the de facto complainant before the learned Mediator is placed on
record by the third respondent/ de facto complainant. As per clause (J)
of the aforesaid agreement, the parties have resolved to move this Court
to quash the proceedings in C.C.No.712/2021 pending before the Judicial
First Class Magistrate Court, Parappanangadi. In accordance with the
aforesaid condition, the de facto complainant has sworn an affidavit in
which it is stated that she has no subsisting grievance as against the
petitioners, and that the criminal prosecution against them, has to be
terminated.
6. The issue involved in this case is purely private in nature. This
crime was the offshoot of the marital strife between the first petitioner and
the de facto complainant. Now that all issues between the parties have
been amicably settled in mediation. Therefore, for preserving the
harmonious relationship between the parties, it is highly necessary to
give effect to the terms and conditions of the aforesaid mediation. When
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viewed in that perspective, the prayer of the petitioners to quash the
proceedings against them, has to be allowed.
In the result, the petition stands allowed. The proceedings against
the petitioners (accused) in C.C.No.712/2021 on the files of the Judicial
First Class Magistrate Court, Parappanangadi, which arose out of Crime
No.5/2021 of Tanur, Police Station, Malappuram, are hereby quashed.
(Sd/-)
G. GIRISH, JUDGE
DST/12.09.25
2025:KER:67889
APPENDIX
PETITIONER ANNEXURES
ANNEXURE A 1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT DATED 28.7.2015 IN CRIME NO. 1025/2015
OF PARAPPANANGADI POLICE STATION
ANNEXURE A 2 CERTIFIED COPY OF THE FINAL REPORT DATED
15.6.2016 IN CRIME NO. 1025/2015 OF
PARAPPANANGADI POLICE STATION.
ANNEXURE A 3 AFFIDAVIT DATED 1.2.2024 SWORN INTO BY THE
3RD RESPONDENT.
RESPONDENT ANNEXURES
JUDGMENT DATED 29 MAY 2025 DATED 29-05-2025
