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2026 Supreme(Online)(Ker) 6154

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
NISHAD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SHAHIM BIN AZIZ, SHRI.RAFEEK. V.K., SMT.O.A.NURIYA, SHRI.MOHAMMED SHAFI.K, SMT.MUFEEDHA P., SHRI.K C MOHAMED RASHID, SHRI.MUHAMMED SHAFI K., SMT.FARSANA A.S., SHRI.ABDUL RAHOOF P.M.
For the Respondents: SMT.RINCIYA P.A., SR. PUBLIC PROSECUTOR SRI.M. S. BREEZ

O R D E R Dated this the 29th day of January, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused persons 1 to 4 in Crime No.401/2024 of Thamarassery Police Station, Kozhikode, which is pending as CC. No.532/2025 on the file of Judicial First Class Magistrate Court-I, Thamarassery. The offences alleged against the petitioners are under Sections 448 , 341, 323, 354 r/w 34 of IPC .

2. The prosecution case is that on 17.5.2024 at about 11.30 a.m., the accused trespassed into the residence of the defacto complainant, wrongfully restrained the defacto complainant, voluntarily caused hurt to her and outraged her modesty 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/victims/ respondent No.3 and all of them 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 and victim filed affidavit 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

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