IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT SATURDAY, THE 1ST DECEMBER 2007 / 10TH AGRAHAYANA 1929 Crl.MC.No. 3290 of 2007() ------------------------- CRIME NO. 437/07 OF MEDICAL COLLEGE POLICE STATION PETITIONER: PETITIONER ---------------------- 1. SAJAN,S/O.DEVDAS,CRISTIAN KONATHU VEEDU NEDIMANGADU,THIRUVANANTHAPURAM. 2. SIYAD,S/O.IBRAHIMKUTTY, ANEESA MANZIL,PULIMATHU,PO THIRUVANANTHAPURAM. 3. SANTHOSH KRISHNAN.K.,S/O.KRISHNAN ABHILAYAM,PULIMATHU PO,THIRUVANANTHAPURAM. 4. SHARAN,S/O.DHARMARAJAN, THOTTUVAPRAMBIL VEEDU,MARAPPALAM,PATTOM PO, THIRUVANANTHAPURAM. BY ADV. SRI.KKM.SHERIF SRI.P.M.KUNJIMOIDEENKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA REPRESENTED BY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE MEDICAL COLLEGE POLICE STATION THIRUVANANTHAPURAM. 3. K.K.MATHEW,KOCHALUMMOOTIL HOUSE, CNRA-18,CHEMPAKASSERRY NAGAR, KESAVADASAPURAM, THIRUVANANTHAPURAM. R1 & 2 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR R3 BY ADV. SRI.V.R.REKESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3290 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2007 O R D E R The petitioners face allegations in a crime registered initially under Section 395 I.P.C. After registration of the case, realising that the allegation under section 395 I.P.C. would not lie, the section has been altered to Section 379 I.P.C. 2. The crux of the dispute is regarding re-possession of a vehicle in accordance with the terms of the agreement between the financier and the loanee. During the pendency of the investigation, parties have settled their disputes and they have reported to the police that the matter has been compromised. It is submitted that, in these circumstances continuation of the proceedings works out injustice to the petitioners. 3. The learned Prosecutor was requested to take instructions. The learned Prosecutor, after taking instructions, submits that the parties have settled the matter and the State has no objection against the F.I.R. being quashed. The defacto Crl.M.C.No. 3290 of 2007 2 complainant has entered appearance through counsel and the counsel also confirms that the matter has been settled. 4. I am satisfied, in these circumstances, that powers under Section 482 Cr.P.C. can be invoked and the crime registered against the petitioners can be quashed. 5. This Crl.M.C. is accordingly allowed. Crime No,. 437 of 2007 of Medical College police station, Trivandrum is hereby quashed. (R. BASANT) Judge tm