Mohammed Khaleel vs Principle Secretary To The Home And 3 Others

Heard Mr. Arun Kumar Satyavolu, learned counsel for the petitioner, Mr. P. Vamshidhar Reddy, learned counsel for respondent No.4 - M/s. Nanesh Finance Corporation, and learned Assistant Government Pleader for Home, and perused the material on record.

The learned Assistant Government Pleader for Home has submitted that Crime No.236 of 2021 has been registered with the Station House Officer, Abids Police Station, Hyderabad, on 12.10.2021 for the offence punishable under Section 403 of the Indian Penal Code, 1860, on the complaint of the petitioner against respondent No.4.

The learned counsel for respondent No.4 has submitted that if directed by this Court, the seized Innova Vehicle bearing No.TS 12 EF 8297 will be deposited before the trial Court and the petitioner may file an application under Section 451 read with Section 457 of the Code of Criminal Procedure, 1973, for release of the same.

This Court, having found that the dispute between the parties is with regard to payment of alleged overdue amount by the petitioner to respondent No.4 towards discharge of loan under Hire Purchase Agreement for a sum of Rs.2,40,000/- (Rupees two lakhs forty thousand only), in order to give quietus to the issue, requested Mr. A. Satyam Reddy, learned senior counsel, to assist this Court and directed the petitioner and respondent No.4 to furnish their statements of account to the learned senior counsel. Accordingly, the petitioner and respondent No.4 have submitted their accounts to the learned senior counsel and the learned senior counsel has submitted his report dated 29.11.2021 to this Court. After receiving report of the learned senior counsel, attempts were made by this Court to settle the dispute between the petitioner and respondent No.4.

The learned counsel for respondent No.4 has submitted that total recoverable claim of respondent No.4 from the petitioner is more than Rs.2,50,000/- (Rupee two lakhs fifty thousand), however, they are willing to settle the dispute by receiving Rs.1,00,000/- (Rupees one lakh only) towards full and final settlement of their claim and they are ready to handover the subject vehicle to the petitioner subject to withdrawal of the criminal case lodged by the petitioner in Crime No.236 of 2021 on the file of the Station House Officer, Abids Police Station, Hyderabad.

This Court interacted with the petitioner who personally appeared before this Court today. However, this Court unable to persuade the petitioner to come to a settlement. The petitioner insisted that he will go ahead with his complaint regarding theft of gold and Rs.70,000/- (Rupees seventy thousand only) and other documents from the car. Further, the petitioner asserts that he has paid Rs.2,50,000/- (Rupees two lakhs fifty thousand only) to respondent No.4 on 12.10.2021 after seizure of the subject vehicle on 15.09.2021. According to the petitioner, he has paid a sum of Rs.3,70,000/- (Rupees three lakhs seventy thousand only) in total and he is not liable to pay anything more as demanded by respondent No.4. In view of the same, this Court is of the view that there is no possibility of settling this matter.

At this point of time, the learned counsel for respondent No.4 has submitted that his client has no objection to handover the subject vehicle to the petitioner directly, by today itself in the Court premises, however, liberty be given to pursue his legal remedies.

In the circumstances, recording the aforesaid submission made by the learned counsel for respondent No.4, the writ petition is disposed of directing the petitioner to receive the subject vehicle i.e., Innova Vehicle bearing No.TS 12 EF 8297 from respondent No.4 in the Court premises in the presence of the learned counsel on either side under due acknowledgement to be furnished to this Court by way of a memo. It is made clear that respondent No.4 agreed to handover the subject vehicle to the petitioner only on goodwill measure on persuasion of this Court. Further, the petitioner is given liberty to pursue the complaint in Crime No.236 of 2021 pending on the file of the Station House Officer, Abids Police Station, Hyderabad against respondent No.4, and respondent No.4 to initiate proceedings for recovery of the alleged outstanding amount payable by the petitioner to it. Accordingly, respondent No.3 is directed to complete the investigation in Crime No.236 of 2021 in accordance with law uninfluenced by the observations, if any, made by this Court in this order. The report dated 29.11.2021 of the learned senior counsel shall form part of the record. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition stand closed.