Kerala High Court
Faisal vs State Of Kerala on 23 March, 2026
Crl.M.C.1299/2026
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2026:KER:25572
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 23RD DAY OF MARCH 2026 / 2ND CHAITHRA, 1948
CRL.MC NO. 1299 OF 2026
CRIME NO.625/2025 OF NADAPURAM POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED:
FAISAL
AGED 48 YEARS, S/O. AMMAD HAJI, GALIYA(H),
PURAMERI P.O, VATAKARA, NADAPURAM,
KOZHIKODE DISTRICT, PIN - 673503
BY ADVS.
SHRI.NAJAH EBRAHIM V.P.
SHRI.MUHAMMAD SABITH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KERALA, PIN - 682031
2 SABEELA FAISAL
AGED 36 YEARS, W/O FAISAL,
THAZHEKKUNI HOUSE, TUNERI P.O,
KOZHIKODE DISTRICT, PIN - 673504
BY ADV SMT.HANANA FATHIMA
OTHER PRESENT:
SR. PUBLIC PROSECUTOR SRI.BREEZ.M.S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.1299/2026
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2026:KER:25572
ORDER
Dated this the 23rd day of March, 2026 This is a petition filed under Section 528 of B.N.S.S., by the accused in Crime No.625/2025 of Nadapuram Police Station, Kozhikode. The offences alleged against the petitioner are under Sections 115(2), 296(b) and 351(2) of BNS.
2. The prosecution case is that the accused, who is the husband of the defacto complainant, on 6.7.2025 at about 10.45 a.m., in violation of the protection order passed by the jurisdictional Magistrate, trespassed into her residence, abused her using filthy words, intimidated her and thereby he is alleged to have committed the aforesaid offences.
3. According to the petitioner, the dispute has been amicably settled with the defacto complainant/victim/respondent No.2 and that she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.
4. The defacto complainant/victim filed an affidavit endorsing the averments in the Criminal MC. According to her, the case has been amicably settled and that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioner.
5. The learned Public Prosecutor, after getting instruction from the Crl.M.C.1299/2026 3 2026:KER:25572 investigating officer also submitted that the dispute has been amicably settled between the parties and that the victim is not interested in continuing the prosecution against the petitioner.
6. Considering the fact that the offences involved in this case are not heinous and very serious, but purely of private nature and now the dispute has been settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between the parties 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 petitioner in Crime No.625/2025 of Nadapuram Police Station, Kozhikode, is quashed under Section 528 of B.N.S.S. Sd/-
C. PRATHEEP KUMAR, JUDGE sou.
Crl.M.C.1299/20264
2026:KER:25572 APPENDIX OF CRL.MC NO. 1299 OF 2026 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FIR OF CRIME NO:
625/2025 OF NADAPURAM POLICE STATION, KOZHIKODE (DIST) Annexure B AN AFFIDAVIT DTD:- 25/01/2026 SWORN BY 2ND RESPONDENT