IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Crl.MC.No. 1330 of 2011() ------------------------------------ CRIME NO.740/2010 OF THE SHORNUR POLICE STATION. ........ PETITIONER(S): COMPLAINANT, ACCUSED & 3RD PARTY ----------------------------------------------------------------------------------- 1. K.T.SHEMEER, S/O.IBRAHIM, AGED 32 YEARS, KALANTHODI VEEDU, KULAPULLY DESOM, SHORNUR VILLAGE, OTTAPALAM TALUK. 2. K.P.PREJITH, S/O.PREMDAS, AGED 22 YEARS, KARAKKAL VEEDU, KULAPULLY DESOM, SHORNUR VILLAGE, OTTAPALAM TALUK. 3. BINDU, W/O.MOORTHIDAS, KALLANDICHALLA, KOZHINJAMPARA, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): STATE ------------------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I OF POLICE, SHORNUR POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.Q. BARKATH ALI, J. ------------------------------------- Crl. M.C No. 1330 of 2011 -------------------------------------- DATED THIS THE 20th DAY OF MAY 2011 O R D E R First petitioner is the defacto complainant and second petitioner is the accused in Crime No.740/2010 of Shornur Police Station. Third petitioner is a third party. They have filed this petition under section 482 of the Cr.P.C to quash all further proceedings in pursuance of the above crime. 2. The facts in brief are this: First petitioner was the registered owner of the Chevrolet Beat car bearing registration No.KL-51A-9682. It was purchased availing a credit facility from a finance company. The first petitioner entrusted the car to the second petitioner to close credit facility to the financer. Second petitioner cleared the liability to the finance company and sold the vehicle to the third petitioner. Registration certificate was also transferred in her name but the second petitioner did not pay sale consideration to the first petitioner. Therefore, the first petitioner filed a private complaint against the second petitioner before the Crl M.C. No.1330/2011 -2- Judicial First Class Magistrate, Ottapalam alleging the offence punishable under Section 379 of IPC. Learned Magistrate referred the complaint under Section 156 (3) of Cr.P.C to Shornur Police Station and the police registered the above crime against the second petitioner. Police has seized the car from the third petitioner and is now lying in the premises of the police station. Now the matter has been settled between the petitioners. Therefore, the petitioners have prayed that all proceedings in pursuance of the above crime may be quashed. 3. As the matter has been settled between parties. In the light of the principles laid down in Madhava Rao Scindia V. Sambhaji Rao Angre ((1998) 1 SCC 692), Murali V. State of Kerala and others ( 2009 (2) KHC 227) and Haryana V. Bajanlal (1992 Supp. (1) SCC 355) I feel that further proceedings in the above crime can be quashed in exercise of the powers under Section 482 of the Cr.P.C. 4. In the result, petition is allowed. All further proceedings in pursuance of Crime No.740/2010 on the file Crl M.C. No.1330/2011 -3- of Shornur Police Station is hereby quashed. By order dated May, 10, 2011 this Court has ordered to release of the car to the third petitioner on executing a bond for Rs.3,50,000/-. The said interim order is made absolute. The bond executed by the third petitioner is hereby cancelled. Crl.M.C. is allowed as found above. P.Q. BARKATH ALI, JUDGE AMG