Kerala High Court
Muhammed Afzal vs State Of Kerala on 17 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
CRL.MC NO. 6381 OF 2021
(CRIME NO. 752/2020 OF MUKKOM POLICE STATION, KOZHIKODE DISTRICT)
AGAINST THE ORDER/JUDGMENT IN SC 554/2021 OF PRINCIPAL SUB COURT / COMMERCIAL
COURT, KOZHIKODE
PETITIONER/ACCUSED:
MUHAMMED AFZAL,
AGED 28 YEARS
S/O. SIDDIQUE, THARIPPAYIL HOUSE, KARASSERY, MUKKOM, KOZHIKODE.
BY ADVS.
SHARAN SHAHIER
LILIN LAL
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REP. BY THE SUB INSPECTOR OF POLICE, MUTTAM POLICE STATION,
KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
2 FIROZ KHAN,
AGED 40 YEARS
S/O. MUHAMMED, KALATHINGAL HOUS, KAKKAD AMSOM, KARASSERY DESOM,
MUKKOM, KOZHIKODE.
BY ADV MINTU CHERIYAN
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.01.2022, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No. 6381 of 2021
2
ORDER
Petitioner is the sole accused in S.C. No. 554 of 2021
pending before the Assistant Sessions Court-I, Kozhikode.
The said Sessions Case was taken on final on the basis of
the final report filed in Crime 752 of 2020 of Mukkom
police station registered on 21.11.2020 alleging offence
punishable under Sections 341, 326, 308, 427, and 447 of
the IPC. In the final report also very same offences have
been incorporated.
2. The allegations against the petitioner is that on
19.11.2020 at 8.00 PM the accused had trespassed upon the
car shed of the de facto complainant, while the de facto
complainant was getting out of the car, owing to the reason
that he was retrenched from service as the driver, took out a
liver and assaulted him on his face and lip and caused him
grievous hurt. The accused again tried to hit him on his
Crl.M.C No. 6381 of 2021
head which was evaded; if it was not evaded that would
have caused fatal injuries on him. He also caused damage
to the car and caused a loss of Rs. 6500/- and thus the case.
The petitioner has approached this Court under Section 482
of the Cr.P.C. for quashing the proceedings on the ground
of settlement reached with the 2nd respondent, the de facto
complainant.
3. I heard the learned counsel for the petitioner and
also the learned Senior Public Prosecutor.
4. The learned Public Prosecutor also submits that the
case is settled. Annexure A2 affidavit indicates that
everything had originated on a labor dispute when the
services of the petitioner was retrenched by the 2 nd
respondent. Now the 2nd respondent has sworn that he has
no subsisting grievance against the petitioner and has no
objection in quashing the proceedings.
5. Even though the 2nd respondent had suffered
Crl.M.C No. 6381 of 2021
grievous hurt in the incident, he has condoned the acts of
the petitioner and has no objection in quashing the
proceedings; no public interest also involved in the matter.
6. Therefore, entire proceedings in S.C. No. 554 of
2019 pending before the Assistant Sessions Court-I,
Kozhikode are quashed and the petitioner shall stand
exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/17/01/2022
APPENDIX OF CRL.MC 6381/2021
PETITIONER ANNEXURES
Annexure A1 COPY OF THE CHARGESHEET IN CRIME NO. 752/2020 OF
MUKKOM POLICE STATION, KOZHIKODE DISTRICT.
Annexure A2 AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT.
TRUE COPY
P.A.TO JUDGE
