Kerala High Court
Faisal vs State Of Kerala on 26 March, 2026
Crl.MC.No. 1739 of 2026
2026:KER:27090
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 26TH DAY OF MARCH 2026 / 5TH CHAITHRA, 1948
CRL.MC NO. 1739 OF 2026
CRIME NO.502/2025 OF Nadapuram Police Station, Kozhikode
PETITIONERS:
1 FAISAL
AGED 48 YEARS
S/O. AMMAD HAJI, GALIYA(H), PURAMERI P.O,
VATAKARA, NADAPURAM, KOZHIKODE DISTRICT.,
PIN - 673503
2 AMMAD KODOLI
AGED 72 YEARS
S/O. MOIDU, GALIYA(H), PURAMERI P.O, VATAKARA,
NADAPURAM, KOZHIKODE DISTRICT., PIN - 673503
3 KHADEESA
AGED 65 YEARS
W/O AMMAD KODOLI GALIYA(H), PURAMERI P.O,
VATAKARA, NADAPURAM, KOZHIKODE DISTRICT., PIN -
673503
BY ADVS.
SHRI.NAJAH EBRAHIM V.P.
SHRI.MUHAMMAD SABITH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM., PIN - 682031
2 SABEELA FAISAL
AGED 36 YEARS
W/O FAISAL, THAZHEKKUNI HOUSE, TUNERI P.O,
KOZHIKODE DIST., PIN - 673504
Crl.MC.No. 1739 of 2026
2026:KER:27090
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BY ADV SMT.HANANA FATHIMA
SR. PP. SRI.BREEZ.M.S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 26.03.2026, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC.No. 1739 of 2026
2026:KER:27090
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ORDER
(Dated this the 26th day of March, 2026) This is a petition filed under 528 of B.N.S.S, by the accused Nos. 1 to 3 in Crime No.502 of 2025 of Nadapuram Police Station, Kozhikode. The offences alleged against the petitioners are under Sections 85 and 316(2) of BNS and Section 3 and 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019.
2. The prosecution case is that the 1 st accused being the husband of the defacto complainant and the other accused being his relatives subjected her to cruelty both physically and mentally on the ground of dowry and misappropriated her gold 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/victim and she has agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for quashing all further proceedings against them.
4. The Defacto complainant/victim confirmed the factum of settlement to the SHO online. According to her, the case has been amicably settled and that she does not intend Crl.MC.No. 1739 of 2026 2026:KER:27090 4 to proceed with the case and also that further proceedings in the case can be quashed. She has 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 victim is not at all interested in continuing the prosecution against the petitioners.
6. Considering the fact that the offence involved in this case is not heinous and very serious, but purely a matrimonial and private dispute, which has been amicably settled between the parties, quashment of further proceedings is necessary for maintaining harmonious relationship between the parties.
7. In the result, This Crl. M.C is allowed. All further proceedings against the petitioner in Crime No.502 of 2025 of Nadapuram Police Station, Kozhikode, is quashed under Section 528 of B.N.S.S. Sd/-
C. PRATHEEP KUMAR JUDGE AKH Crl.MC.No. 1739 of 2026 2026:KER:27090 5 APPENDIX OF CRL.MC NO. 1739 OF 2026 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FIR OF CRIME NO:
502/2025 OF NADAPURAM POLICE STATION, KOZHIKODE (DIST) IS PRODUCED HEREWITH AND MARKED AS ANNEXURE: -A. Annexure B AN AFFIDAVIT DTD:- 25/01/2026 SWORN BY 2ND RESPONDENT IS PRODUCED HERE WITH AND MARKED AS ANNEXURE: -B.