Shine Das vs the State of Kerala

Shine Das vs The State of Kerala

Type Court Judgment Court Kerala Decided Oct 30, 2020

~3 min read

https://sooperkanoon.com/case/1807297

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1807297
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Oct 30, 2020
Case Number: Crl.MC/4358/2020

Parties & Advocates

Appellant / Petitioner

Shine Das

Respondent

The State of Kerala

Excerpt

.....court, attingal. the case was originally numbered as s.c.no.492/2008. as per annexure-a3 judgment, co-accused except the petitioner was acquitted. the case against the petitioner was split up, refiled and re-numbered as s.c.no.625/2009. the de facto complainant and the other person injured are arrayed as respondents 2 and 3. annexures-a5 and a6 affidavits have been filed by the said respondents stating that the reason for thecrl.mc.no.4358 of 2020(d) ..3.. incident, which led to registration of the crime, has been resolved amicably, in view of the settlement and they have no subsisting grievance against the petitioner.2. heard the learned public prosecutor also, who, on instructions, submits that the petitioner has no criminal antecedents.3. having considered the gravity of theoffences alleged, nature of the injury caused and having perused the affidavits filed by respondents 2 and 3, the contents of which are submitted to be true and voluntary, i am satisfied that the dispute is settled and no public interest is involved in this matter. moreover, in view of the settlement, and acquittal of the other accused for want of evidence, possibility of the criminal proceedings ending in conviction is remote. as such, continuance of thecrl.mc.no.4358 of 2020(d) ..4..proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the honourable supreme court in madan mohan abbot v. state of punjab [(2008) 4 scc 582] and gian singh v. state of punjab and another [(2012) 10 scc 303], there is no impediment in granting the relief sought. in the result, this crl.m.c is allowed. the proceedings in s.c.no.625/2009 on the files of the assistant sessions court, attingal is quashed.sd/- v.g.arun sb/30/10/2020 judge crl.mc.no.4358 of 2020(d) ..5..appendix petitioner's/s exhibits: annexure a1 the true copy of the fir in crime no.35/05 of attingal police station. annexure a2 true copy of the final report in fir in crime no.35/05 of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 Crl.MC.No.4358 OF 2020(D) AGAINST THE JUDGMENT IN SC 625/2009 OF ASSISTANT SESSIONS COURT,ATTINGAL CRIME NO.35/2005 OF Attingal Police Station , Thiruvananthapuram PETITIONER/5TH ACCUSED: SHINE DAS AGED 39 YEARS S/O.SWAMINATHAN, MELLEKOCHU VEETTIL, NEAR PUBARA BRIDGE, MELATTINGAL DESAM, ALAMKODE VILLAGE, TRIVANDRUM - 695 102. BY ADV. SRI.M.R.SARIN RESPONDENT/COMPLAINANT: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 BALAJI C. AGED 37 YEARS, S/O.CHELLAPPA, AJAY BHAVAN, POKAMUKKU,MUDAKKAL, ELAMBA - MUDAKKAL, AVANAVANCHERRY, THIRUVANANTHAPURAM - 695 103. 3 BAIJU S. AGED 38 YEARS, S/O.SIVANANDAN, VATTAVILA VEEDU, POOVANPARA, ALAMCODE, THIRUVANANTHAPURAM, KERALA - 695 103. R2-3 BY ADV. VIDYA G NAIR OTHER PRESENT: SR.PP.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.4358 OF 2020(D) ..2..

ORDER

Dated this the 30th day of October 2020

Petitioner is the 5th accused in Crime No.35/2005 registered at the Attingal Police Station for offences punishable under Sections 143, 147, 148, 149, 341, 323 and 308 of IPC, now pending as S.C.No.625/2009 on the files of the Assistant Sessions Court, Attingal. The case was originally numbered as S.C.No.492/2008. As per Annexure-A3 judgment, co-accused except the petitioner was acquitted. The case against the petitioner was split up, refiled and re-numbered as S.C.No.625/2009. The de facto complainant and the other person injured are arrayed as respondents 2 and 3. Annexures-A5 and A6 affidavits have been filed by the said respondents stating that the reason for the

Crl.MC.No.4358 OF 2020(D) ..3.. incident, which led to registration of the crime, has been resolved amicably, in view of the settlement and they have no subsisting grievance against the petitioner.

2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has no criminal antecedents.

3. Having considered the gravity of the

offences alleged, nature of the injury caused and having perused the affidavits filed by respondents 2 and 3, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement, and acquittal of the other accused for want of evidence, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the

Crl.MC.No.4358 OF 2020(D) ..4..

proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought. In the result, this Crl.M.C is allowed. The proceedings in S.C.No.625/2009 on the files of the Assistant Sessions Court, Attingal is quashed.

Sd/- V.G.ARUN SB/30/10/2020 JUDGE Crl.MC.No.4358 OF 2020(D) ..5..

APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.35/05 OF ATTINGAL POLICE STATION. ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN FIR IN CRIME NO.35/05 OF ATTINGAL POLICE STATION. ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT IN SC NO.492/08 OF ASSISTANT SESSIONS COURT ATTINGAL. ANNEXURE A4 THE TRUE COPY OF THE JUDGMENT IN CRL.MC 2160/20 OF THE HONBLE HIGH COURT OF KERALA. ANNEXURE A5 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE A6 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT. //true copy// P.A to Judge

Same Court & Year Kerala · 2020 Same Parties Shine Das vs The State of Kerala Same Judge Honourable Mr.Justice V.G.Arun