[Cites 3, Cited by 0]
Kerala High Court
Hameed vs State Of Kerala on 30 January, 2026
2026:KER:8286
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
CRL.MC NO. 11697 OF 2025
CRIME NO.285/2001 OF PERUMPADAPPU POLICE STATION, MALAPPURAM
IN CC NO.532 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
PONNANI
PETITIONERS:
1 HAMEED,
AGED 58 YEARS
S/O MAAMU, THANDALKOLI HOUSE, VELIYAMTHODU AMSAM, GRAMAM DESOM,
THANNITHURA, MALAPPURAM DISTRICT,, PIN - 676302
2 SHAJI,
AGED 48 YEARS
S/O NOORUDHIN, THEKKEPURATH HOUSE, VELIYAMTHODU ASMSOM, GRAMAM
DESOM, THANNITHURA, MALAPPURAM DISTRICT, PIN: ., PIN - 676302
3 HANEEFA,
AGED 58 YEARS
S/O MOYYUNI, THANNITHURAKKAL HOUSE, VELIYAMTHODU AMSAM, GRAMAM
DESOM, THANNITHURA, MALAPPURAM DISTRICT,, PIN - 676302
4 SADAKKATH,
AGED 48 YEARS
S/O MUHAMMU, THANNITHURAKKAL HOUSE, VELIYAMTHODU AMSAM, GRAMAM
DESOM, THANNITHURA, MALAPPURAM DISTRICT,, PIN - 676302
5 SADIQ
AGED 45 YEARS
S/O MUHAMMU, THANNITHURAKKAL HOUSE, VELIYAMTHODU AMSAM, GRAMAM
DESOM, THANNITHURA, MALAPPURAM DISTRICT., PIN - 676302
6 SAVAD,
AGED 45 YEARS
S/O MUHAMADDHUNNI, THANDALKOLIL HOUSE, VELIYAMTHODU AMSAM,
GRAMAM DESOM, THANNITHURA, MALAPPURAM DISTRICT., PIN - 676302
7 USMAN
AGED 54 YEARS
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2
S/O AMMU, MUKRIYAKATH HOUSE, VELIYAMTHODU AMSAM, GRAMAM DESOM,
THANNITHURA, MALAPPURAM DISTRICT,, PIN - 676302
8 MUHAMMAEDUNNI
AGED 48 YEARS
S/O MOIDEEN, THAIVALAPPIL HOUSE, VELIYAMTHODU AMSAM, GRAMAM
DESOM, THANNITHURA, MALAPPURAM DISTRICT,, PIN - 676302
9 ALI,
AGED 45 YEARS
, S/O SULAIMAN, THANNITHURAKKAL HOUSE, VELIYAMTHODU AMSAM, GRAMAM
DESOM, THANNITHURA, MALAPPURAM DISTRICT., PIN - 676302
0 ALIMUHAMMAMED,
AGED 82 YEARS
PADINJARAKATHU HOUSE, VELIYAMTHODU AMSAM, GRAMAM DESOM,
THANNITHURA, MALAPPURAM DISTRICT,., PIN - 676302
BY ADVS.
SHRI.ANAND KALYANAKRISHNAN
SRI.C.DHEERAJ RAJAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2 ABDULLA,
S/O HAMSA, AGED 58 YEARS, THAYYIL HOUSE, THANNITHURA, VELIANKODE
AMSAM, VELIANKODE GRAMAM, VELIANKODE DESOM, MALAPPURAM DITSRICT,,
PIN - 679579
3 SUHARA
W/O ABDULLA, AGED 51 YEARS, THAYYIL HOUSE, THANNITHURA,
VELIANKODE AMSAM, VELIANKODE GRAMAM, VELIANKODE DESOM, MALAPPURAM
DITSRICT,, PIN - 679579
4 SHAJITHA
D/O ABDULLA, AGED 36 YEARS, THAYYIL HOUSE, THANNITHURA,
VELIANKODE AMSAM, VELIANKODE GRAMAM, VELIANKODE DESOM, MALAPPURAM
DITSRICT,, PIN - 679579
5 YUSUF
S/O BEERANKUTTI, AGED 49 YEARS, VADAKEPURATH HOUSE, VELIANKODE
AMSAM, VELIANKODE GRAMAM, VELIANKODE DESOM, VELIANKODE WEST,
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3
MALAPPURAM DITSRICT,, PIN - 679579
BY ADVS.
SMT. BINDU O.V., SR. PP
SHRI.ABRAHAM MATHAN
SRI.C.B.JITHIN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.01.2026, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.11697 of 2025
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4
ORDER
Dated this the 30th day of January, 2026
The accused persons, involved in C.C.No.532 of 2022
on the files of the Judicial First Class Magistrate Court-I,
Ponnani, arising out of Crime No.285 of 2001 of
Perumpadappu Police Station, field this Crl.M.C under
Section 528 of the BNSS, 2023, praying for quashing all
further proceedings against them. The offences alleged
against the petitioners are under Sections 143, 147, 148,
452, 323, 324 and 354 read with Section 149 of the Indian
Penal Code.
2. The prosecution case is that, on 26.11.2021, at
about 08:00 pm, the accused persons formed themselves
into an unlawful assembly and trespassed into the residence
of the de facto complainant, attacked and injured the de
facto complainant and CWs 2 to 4 using wooden sticks.
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3. According to the learned Counsel for the petitioners,
now the entire dispute between the parties are settled and
therefore, he prayed for quashing all further proceedings
against the petitioners.
4. The petitioners also produced the affidavits of the de
facto complainant as well as CWs to 2 to 4, in which they
stated that the dispute with the petitioners was settled and
that, they have no objection in quashing the proceedings
against the petitioners.
5. The petition was strongly opposed by the learned
Public Prosecutor, mainly on the ground that, there are
serious criminal antecedents against the petitioners.
Therefore, she prayed for dismissing the Crl.M.C.
6. From the report submitted by the SHO,
Perumpadappu Police Station, it is revealed that there is one
more case against the 1st accused, four against the 2nd
accused, three against the 3rd accused, 2 against the 4th
accused, 3 against the 5 th accused, 2 against the 6 th
accused, 7 against the 7th accused and one against the 9th
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accused. As per the above report, there is no criminal
antecedents against accused persons 8 and 10 alone. Since
there are more criminal cases against accused Nos.2 to 7,
and the offences involved in this case includes those under
Sections 452 and 354 of the Indian Penal Code, which are
non-compoundable, I am not inclined to quash the
proceedings against them. At the same time, since there is
no criminal antecedents against accused Nos.8 and 10, I am
inclined to allow the Crl.M.C as against them.
7. As against petitioners No.1 and 9, there is only one
more case each, which are less serious in nature. Hence, I
am inclined to allow this Crl.M.C as against petitioners 1 and
9 also.
In the result, the Crl.M.C. is allowed in part. All further
proceedings in C.C.No.532 of 2022 on the files of the
Judicial First Class Magistrate Court-I, Ponnani, as against
petitioners No.1, 8, 9 and 10, is quashed. The prayer for
quashing further proceedings against petitioners No.2 to 7 is
dismissed. Since the case is of the year 2001, there will be a
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direction to the learned Magistrate to dispose of the same at
the earliest, at any rate within a period of six months from
the date of receipt of a copy of this order.
Sd/-
C.PRATHEEP KUMAR
JUDGE
NB/30-1
2026:KER:8286
APPENDIX OF CRL.MC NO. 11697 OF 2025
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF FIR IN CRIME NO 285 OF 2001 OF
PERUMPADAPPU POLICE STATION DATED 27.11.2001
ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 285
OF 2001 OF PERUMPADAPPU POLICE STATION DATED
27.12.2001
ANNEXURE 3 AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED
12.08.2025
ANNEXURE 4 AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED
12.08.2025
ANNEXURE 5 AFFIDAVIT FILED BY THE 4TH RESPONDENT DATED
12.08.2025
ANNEXURE 6 AFFIDAVIT FILED BY THE 5TH RESPONDENT DATED
12.08.2025
TRUE COPY
P.A TO JUDGE
