[Cites 7, Cited by 0]
Kerala High Court
Arif Yaseen vs State Of Kerala on 25 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:26363
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 25TH DAY OF MARCH 2026 / 4TH CHAITHRA, 1948
CRL.MC NO. 4827 OF 2022
AGAINST CC NO.177/2022 PENDING BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, MALAPPURAM IN CRIME NO.531/2021 OF
VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/ACCUSED:
ARIF YASEEN,
AGED 40 YEARS,
S/O MOIDEEN KUTTY HAJI, CHOLAKKAL HOUSE, CHERUVATTOOR,
KARUMARAKKAD AMSOM, VAZHAKKAD P.O, PIN - 673 640.
BY ADVS.
SRI.SHAHIM BIN AZIZ
SRI.M.I.ANWAR SADATH
SMT.ROSHINI UDAYAKUMAR
SMT.LEENU ANANDHAN
SRI.T.RIYAS
SHRI.MOHAMMED SHAFI.K
SHRI.BIBIN BABU
SMT.SUNAINA ABDULKADER
SMT.EHLAS HALEEMA C.K.
SHRI.FAISAL THADATHIL
RESPONDENTS/STATE/DE-FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031.
CRL.MC NO. 4827 OF 2022
2
2026:KER:26363
2 SHASHIKALA C.P,
AGED 45 YEARS,
W/O CHANDRAN, KUNNATH MAYIPOIL, MUNDUMUZHI,
VAZHAKKAD P.O, MALAPPURAM, PIN - 673 640.
BY SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.03.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 4827 OF 2022
3
2026:KER:26363
ORDER
The petitioner is the accused in
C.C.No.177/2022 on the file of the Court of the Judicial
First Class Magistrate, Malappuram, which has
originated from Crime No.531/2021 registered by the
Vazhakkad Police Station, Malappuram, alleging the
commission of offences punishable under Sections 341
and 323 of the Indian Penal Code.
2. The petitioner has filed this Criminal
Miscellaneous Case on the assertion that, even if the
allegations in Annexure - A1 FIR and Annexure - A2
Final Report are taken on their face value, the same
would not attract the offences alleged against the
petitioner. There is no material to prove the petitioner's
culpability in the crime. The above crime has been
registered only out of the previous animosity of the 2 nd
respondent (de-facto complainant) against the
CRL.MC NO. 4827 OF 2022
2026:KER:26363
petitioner. Actually, the 2nd respondent's son had
wrongfully restrained the petitioner and abused him in
obscene language. It is only as a counter blast to the
said incident that the present crime has been
registered. Therefore, the proceedings may be quashed.
3. I have heard the learned counsel for the
petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner
reiterates the contentions in the Crl.M.C. He submits
that even if the petitioner withstands the trial, it is not
going to lead to a conviction. Therefore, the
proceedings may be quashed.
5. The learned Public Prosecutor seriously
opposes the Crl.M.C. He submits that the allegations in
the FIR and Final Report clearly reveal the petitioner's
culpability in the crime. The prosecution proposes to
examine eleven witnesses to establish that the
CRL.MC NO. 4827 OF 2022
2026:KER:26363
petitioner has committed the offences. Moreover, the
treatment records of the 2nd respondent prove that she
has suffered hurt, which would be corroborated by the
Doctor. Therefore, this Court may not embark upon a
mini-trial and hold that the petitioner has not
committed the above offences. Hence the Crl.M.C may
be dismissed.
6. The essence of the prosecution case is
that on 25.12.2021, the petitioner wrongfully restrained
the 2nd respondent, pushed and kicked her and her son
and caused hurt to them. The materials on record
clearly reveal that the 2nd respondent has suffered hurt,
which prima facie stands corroborated by the treatment
records.
7. It is well-established that this Court has
inherent powers under Section 482 of the Code of
Criminal Procedure to quash criminal proceedings.
CRL.MC NO. 4827 OF 2022
2026:KER:26363
However, such inherent power, though expansive in
nature, is not unbridled or unlimited. They are to be
exercised sparingly, with circumspection, and within
the parameters delineated by judicial precedents. One
of the elementary principles to quash a criminal
proceeding is that, the allegations in the first
information report, final report or the complaint do not
prima facie constitute any offence. (Read the decisions
in State of Haryana and others v. Bhajan Lal and others
[(1992) Supp (1) SCC 335], Central Bureau of
Investigation v. Aryan Singh and Others [(2023) 18 SCC
399], Daxaben v. State of Gujarat and Others [(2022) 16
SCC 117] and Monica Kumar and Another v. State of
U.P. and Others [(2008) 8 SCC 781].)
8. The Hon'ble Supreme Court has also
consistently cautioned that High Courts, while
exercising jurisdiction under Section 482 of the Code,
CRL.MC NO. 4827 OF 2022
2026:KER:26363
should not embark upon a "minitrial" or weigh the
sufficiency of evidence, which falls within the domain of
the Trial Court. The scope of enquiry is confined to
whether, on a plain reading of the FIR/complaint and
accompanying material, the ingredients of the alleged
offence are disclosed. (Read the decisions in Rajiv
Thapar and others v. Madal Lal Kapoor [(2013) 3 SCC
330] and HMT Watches Ltd. v. Abida M.A. and another
[(2015) 11 SCC 776]).
9. On analyzing the allegations in the FIR,
Final Report and the other materials on record,
particularly the treatment records of the 2nd
respondent, I am not satisfied that it is a fit case to
exercise inherent powers of this Court under Section
482 of the Code of Criminal Procedure.
In the aforesaid circumstances, I dismiss the Crl.
M.C, but by reserving the right of the petitioner to raise
CRL.MC NO. 4827 OF 2022
2026:KER:26363
all his contentions before the Trial Court, including
filing an application for discharge, provided the charge
has not been framed. If such application is filed, the
Trial Court is directed to consider the application and
decide the case, in accordance with the law,
untrammelled by any observation made in this order.
The Registry is directed to communicate a copy of this
order to the Trial Court.
Sd/-
C.S.DIAS
JUDGE
DK
CRL.MC NO. 4827 OF 2022
2026:KER:26363
APPENDIX OF CRL.MC NO. 4827 OF 2022
PETITIONER ANNEXURES
Annexure-A1 THE CERTIFIED COPY OF FIR IN CRIME NO.
531/2021 DATED 28.12.2021
Annexure-A2 THE CERTIFIED COPY OF THE FINAL REPORT
IN CC.NO.177/2022, OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, MALAPPURAM .
Annexure-A3 TRUE COPY OF THE OF THE O.P TICKET DATED
25.12.2021 ISSUED BY THE GOVT.GENERAL
HOSPITAL (BEACH) AT KOZHIKODE
Annexure-A4 A TRUE COPY OF THE COMPLAINT ALONG WITH
POSTAL RECEIPT DATED 27.12.2021, FILED
BY THE PETITIONER BEFORE THE DIRECTOR
GENERAL OF POLICE, TRIVANDRUM
