IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.MC.No. 1448 of 2008() ------------------------- CP.48/2007 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER: ------------ VENKITESH GANAPATHY S/O. GANAPATHY KRISHNAN T.C. 40/127, MUTTATHARA WARD THIRUVANANTHAPURAM BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.M.A.JOSEPH MANAVALAN RESPONDENTS: ------------- 1. VISHNU, S/O.KRISHNA DAS T.C. 10/836. VASANTHALAYAM MUDAVANMUGAL WARD THIRUMALA, THIRUVANANTHAPURAM. 2. LEKSHMI, PRABHAKAR,D/O.VIJAYAMMA T.C. 10/836. VASANTHALAYAM MUDAVANMUGAL WARD THIRUMALA, THIRUVANANTHAPURAM. 3. STATE OF KERALA THROUGH CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY ADV. SRI.P.DALBI EMMANUEL BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1448 of 2008 * * * * * * * * * * * * * * * * * * Dated: 9-04-2008 ORDER Heard the learned counsel for the revision petitioner as well as the learned counsel for respondents 1 and 2. 2. In as much as the parties have settled the matter and an attempt to re-possess the vehicle cannot amount to an offence punishable under Sec. 395 I.P.C. in the light of the light of the decision of the Apex Court in Charanjit Chadha v. Sudheer Mehra - AIR 2001 SC 3721, Annexure - II charge sheet as well as C.P. 48 of 2007 on the file of the Addl. Chief Judicial Magistrate, Thiruvananthapuram are quashed. This Crl. M.C. is accordingly, allowed. V. RAMKUMAR, (JUDGE) ani.