IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
RIFAN NAUSHAD – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10269 OF 2024 | CRIME NO.443/2023
| Table of Content |
|---|
| 1. quashing of proceedings based on settled disputes. (Para 1 , 2 , 3) |
| 2. affidavit indicates resolution of the matter. (Para 4) |
| 3. no evidence against petitioners; quashes proceedings. (Para 6) |
ORDER
Dated this the 23rd day of February, 2026 The petitioners 1 to 4 involved in Crime No.443/2023 of Kannamali police station, filed this Crl.M.C. under Section 528 of BNSS , praying for quashing all further proceedings against them. The offences alleged against the petitioners are under Sections 304-B & 306 of IPC .
2. The prosecution case is that the 1st accused married the daughter of the defacto complainant who was studying in Australia on 30.10.2022 while they were living there as husband and wife, the accused persons threatened to abandoned her in Australia, appropriated more than Rs.10 lakhs from her account and another Rs.3 lakhs sent by the defacto complainant and subjected her to cruelty both physically and mentally and as a result of which she committed suicide on 03.01.2023.
3. According to the learned counsel for the petitioners, it is a false case foisted against the petitioners. Moreover, according to him, now the entire dispute between the petitioners and the defacto complainant has been settled. Therefore, he prayed for quashing all further proceedings against the petitioners.
4. The learned counsel for the 2nd respondent/defacto complainant also submitted that now the entire disputes between the petitioners and the defacto complainant has been settled and therefore, she also prayed for quashing all further proceedings against the petitioners.
5. The petition was opposed by the learned Public Prosecutor.
However, upon instructions she submitted that the defacto complainant had given signed statement to the SHO stating that the dispute has been settled. She has also filed an affidavit to that effect before this Court.
6. The learned counsel for the petitioners has produced Annexure A3 Coroner’s Findings and Notice of Completion of Coronial Investigation prepared in respect of the suicide of the daughter of the defacto complainant. In the said report the finding is that, there is no evidence direct or indirect establishing the involvement of the 1st petitioner in the suicide of the daughter of the defacto complainant.
Moreover, now the entire dispute between the petitioners and the defacto complainant has been settled and the defacto complainant has filed an affidavit stating that he does not want to proceed with this case. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioners and as such this Crl.M.C. is liable to be allowed.
In the result, this Crl.M.C is allowed. All further proceedings against the petitioners in Crime No.443/2023 of Kannamali police station, stands quashed under Section 528 of B.N.S.S.
Sd/-
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