IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Crl.MC.No. 2263 of 2009() ------------------------------------ CC.66/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONERS/ACCUSED ----------------------------------- 1. K.A. AZAD,M/S.GRAND SERVICES,MARUTHI SWAMI LANE ROAD,KALOOR PUTHIYA ROAD, KOCHI-682 017. 2. K.A. ANSARI, M/S.GRAND SERVICES,MARUTHI SWAMI LANE ROAD,KALOOR PUTHIYA ROAD, KOCHI-682 017. BY ADV. MR.SOORAJ T.ELENJICKAL MR.M.A.JOSEPH MANAVALAN RESPONDENT/COMPLAINANT ------------------------------------------- 1. STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE,CHERPU POLICE STATION,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. ASOK KUMAR, S/O.KUNJAYYAPAN, MELIKKATTIL HOUSE,PUCHUNNIPADAM,URAKAM.P.O, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R2 BY ADV. MR.RENJITH B.MARAR, MR.L.RAJESH NARAYAN IYER, MR.LAKSHMI N.KAIMAL, MR.PRIYA P.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2263 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.66/2006 on the file of Judicial First Class Magistrate's Court-I, Thrissur, taken cognizance on Annexure-II final report for the offence under Section 379 read with Section 34 of Indian Penal Code. Prosecution case is that Maruti Alto Car belonging to the second respondent was stolen by petitioners on 31.12.2002 at about 11 a.m. from the car porch of his house. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings taken on Annexure-II final report contending that essential ingredients of the offence is not made out. 2. Crl.M.Appl.No.4834/2009 was jointly filed by the petitioners and second respondent stating that they have settled the dispute and second respondent has no grievance against the petitioners and therefore, he has no objection for quashing the case as against the petitioners. 3. Learned counsel appearing for the petitioners and second respondent and learned Public Prosecutor CRMC 2263/09 2 were heard. 4. Learned Public Prosecutor submitted that there was a settlement of the dispute between the parties and second respondent submitted that the case could be quashed when C.C.No.910/2003 on the file of Judicial First Class Magistrate's Court-II, Ernakulam, which was taken cognizance on the final report submitted by the police based on the complaint filed by the first petitioner herein. Learned counsel appearing for the petitioners submitted that in Crl.M.C.No.2864/2009, along with Mathew, petitioner therein, second respondent filed a statement agreeing to quash the proceedings in C.C.No.910/2003. 4. In view of the settlement of the dispute between the petitioners and second respondent and considering the nature of the offence, which is purely personal against the second respondent, it is not in the interest of justice to continue the proceedings. Petition is allowed. C.C.No.66/2006 on the file of Judicial First Class Magistrate's Court-I, Thrissur is quashed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv