Kerala High Court
Moosa vs State Of Kerala on 16 February, 2026
2026:KER:14373
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 16TH DAY OF FEBRUARY 2026 / 27TH MAGHA, 1947
CRL.MC NO. 11726 OF 2025
CRIME NO.446/2024 OF NADAPURAM POLICE STATION,
KOZHIKODE AGAINST THE ORDER/JUDGMENT IN CC NO.902 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, NADAPURAM.
PETITIONERS:
1 MOOSA.,
AGED 41 YEARS,
S/O USMAN, NEERKARIMBIL(HO), PERODE(PO),
KOZHIKODE, PIN - 673 504.
2 HARIS.,
AGED 40 YEARS,
S/O SOOPPY, KULIRMAVIL (HO), PERODE (PO),
KOZHIKODE, PIN - 673 504.
3 NOUSHAD T.K.,
AGED 44 YEARS,
S/O ANDRU HAJI, THELKANDIYIL (HO), PERODE (PO)
KOZHIKODE, PIN - 673 504.
4 NOUSHAD.,
AGED 42 YEARS,
S/O AHAMMAD HAJI, KANHIRAMULLATHIL (HO),
PERODE (PO), KOZHIKODE, PIN - 673 504.
5 NOUSHAD.,
AGED 39 YEARS,
S/O SOOPPY, CHERUNNOLAD, PERODE (PO),
KOZHIKODE, PIN - 673 504.
6 ASHARAF.,
AGED 39 YEARS,
Crl.M.C No.11726 of 2025
2026:KER:14373
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S/O SOOPPY, MEETHALAYIL (KC HOUSE) (HO),
PERODE, KOZHIKODE, PIN - 673 504.
7 SAFEER @ SABEER.,
AGED 43 YEARS,
S/O POKER, NEDUVAYIL(HO), PERODE (PO),
KOZHIKODE, PIN - 673 504.
BY ADV SHRI.M.P.PRIYESHKUMAR
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 ABDULLA.,
AGED 38 YEARS,
S/O KUNHAMMAD HAJI, VARAPPRATHU,
PERODE, KOZHIKODE, PIN - 673 504.
3 RISHAL.,
AGED 21 YEARS,
S/O SUBAIR, VARAPPRATHU, PERODE KOZHIKODE,
PIN - 673 504.
4 UVAIS.,
AGED 27 YEARS,
S/O KUNHAMMAD, VARAYIL (HO), PERODE,
KOZHIKODE, PIN - 673 504.
BY ADV SMT.DIVYA T.P.
SMT.ANIMA M., PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
16.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.11726 of 2025
2026:KER:14373
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ORDER
(Dated this the 16th day of February, 2026) This is a petition filed under Section 528 of B.N.S.S., by the accused Nos.1 to 7 in Crime No.446 of 2024 of Nadapuram Police Station, Kozhikode, which is pending as CC. No.902 of 2024 on the file of Judicial First Class Magistrate Court, Nadapuram. The offences alleged against the petitioners are under Sections 143, 147, 341, 323, 324, 294(b), 506 and 149 of IPC.
2. The prosecution case is that on 14.06.2024 at about 1.30 p.m., the accused persons formed themselves into an unlawful assembly, wrongfully restrained the de facto complainant and attempted to assault him. When CW2 resisted the same, he was also attacked by the accused persons. In the incident, CWs 1 to 3 sustained injuries. It is also alleged that the accused persons abused CW1 using filthy words and intimidated to do away with him and thereby they are alleged to have committed the aforesaid offences.
3. According to the petitioners, the dispute has been settled with the defacto complainant and victim/ respondent Nos.2 to 4 and all of them agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for Crl.M.C No.11726 of 2025 2026:KER:14373 -4- quashing all further proceedings against them.
4. The defacto complainant and 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 amicably settled between the parties and that the victims are not 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, quashment of the same is necessary for maintaining harmonious relationship between them and also to prevent abuse of process of the court.
7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.902 of 2024 on the file of Judicial First Class Magistrate Court, Nadapuram, arising Crl.M.C No.11726 of 2025 2026:KER:14373 -5- from Crime No.446 of 2024 of Nadapuram Police Station, Kozhikode, stands quashed under Section 528 of B.N.S.S. Sd/-
C. PRATHEEP KUMAR JUDGE ADS Crl.M.C No.11726 of 2025 2026:KER:14373 -6- APPENDIX OF CRL.MC NO. 11726 OF 2025 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FIR ALONG WITH FIS IN CRIME NO.446/2024 OF NADAPURAM POLICE STATION.
Annexure B CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO. 902/2024 PENDING BEFORE CRIME NO.446/2024 OF NADAPURAM POLICE.
Annexure C THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT, DATED 16.12.2024.
Annexure D THE AFFIDAVIT SWORN BY THE THIRD RESPONDENT, DATED 16.12.2025.
Annexure E THE AFFIDAVIT SWORN BY THE FOURTH RESPONDENT, DATED 16.12.2025.