IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1712 of 2011() ------------------------- FIR NO. 194/11 OF CUSBA POLICE STATION, KOZHIKODE ......... PETITIONERS / ACCUSED NUMBERS 1, 2, AND 3 : ---------------------------------------------------------------------- 1. E. MURALEEDHARAN, S/O. T. KRISHNAN, POOLAKKAL HOUSE, RAMANATTUKARA.P.O, KOZHIKODE DISTRICT. 2. SREENIVASAN NAIR, S/O. GOPALAN NAIR, SURABHI, PALATH.P.O, KOZHIKODE DISTRICT. 3. C.V. JYOTHISH KUMAR, S/O. M. RADHAKRISHNAN NAIR, MANAVALAN PARAMBA, CHEVAYUR, KOZHIKODE DISTRICT. BY ADVS. SRI.M.ASOKAN SRI. DEVAPRASANTH P.J. RESPONDENTS / COMPLAINANTS : --------------------------------------------------- 1. MOHAMMED IQBAL.V.M, AGED 38 YEARS, S/O.V.M. AHAMMED HAJI, RESIDING AT THACHAMPOYIL HOUSE, THAMARASSERY, NARIKKUNI, KOZHIKODE DISTRICT, PIN - 673 053. 2. N.K. ABDUL GAFOOR, AGED 39 YEARS, S/O.P.T.C. MOYIN, RESIDING AT NELLIKUNNUMMAL HOUSE, KODUVALLY, KOZHIKODE DISTRICT - 673 017. 3. STATE OF KERALA, REPRESENTED BY S.I OF POLICE, KASABA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 & R2 BY ADVS. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH R3 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1712 of 2011 ==================================== Dated this the 10th day of June, 2011 O R D E R Petitioners are accused 1 to 3 in Crime No.194 of Cusba Police Station, Kozhikode for offence punishable under Section 395 of the Indian Penal Code. Case is that on 08.03.2011 at about 7.40 p.m petitioners dishonestly removed bus bearing No.KL-T/9794 which was in the possession of the second respondent from Palayam bus stand and thereby committed the offence. Petitioners request to quash proceedings against them on the strength of a settlement with respondents 1 and 2 and the financier of the vehicle. I have heard learned counsel for petitioners, respondents 1 and 2 and learned Public Prosecutor. 2. According to the petitioners they are the employees of M/s. Sakthi Finance which had granted a loan to the first respondent for purchasing the vehicle under a hire purchase agreement and by virtue of the agreement, first respondent is only the hirer of the said vehicle. It is stated that first respondent defaulted payment of CRL.M.C. No.1712 of 2011 -: 2 :- installments and thereon as per the terms and conditions of the hire purchase agreement and as per the directions of the financier, petitioners who are employees of the financier peacefully took possession of the vehicle. According to the petitioners no offence as alleged is made out. It is also submitted that in the meantime the first respondent-hirer and registered owner of the vehicle settled the dispute with the financier as revealed from Annexure-III, agreement. Pursuant to that respondents 1 and 2 filed affidavit stating that they have no objection in quashing proceeding against petitioners. Learned counsel for petitioners and respondents 1 and 2 submitted that first respondent had given possession of the vehicle to the financier as per the understanding between them. It is revealed that the vehicle was repossessed by the financier in exercise of the power conferred on it as per the terms and conditions of the hire purchase agreement executed between the financier and first respondent. Respondents 1 and 2 have stated that they have no objection in quashing proceedings against the petitioners. In the circumstances I am inclined to the allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-I, FIR in Crime No.194 of Cusba Police station CRL.M.C. No.1712 of 2011 -: 3 :- Kozhikode and all proceeding pursuant to it against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv