IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 34199 of 2008(U) -------------------------- PETITIONER(S): --------------- 1. SAROSH.R.KRISHNAN, S/O.RADHAKRISHNAN, SUSHARA HOUSE, POST:MAKKADA, KAKKODI, KOZHIKODE. 2. PUSHPA RADHAKRISHNAN, W/O.RADHAKRISHNAN, 'NIKUNJAM', KAMMILITHAZHAM, MAKKADA AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 34199 of 2008 U - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2008 JUDGMENT The grievance of the petitioners is that though compoundable offences were compounded and that fact was reported to the police, no action as contemplated in the decision in Yesudas v. S.I. of Police (2008 (2) KLT 245) was taken by the Investigation Officer. 2. Notice was given to the learned Prosecutor, who, after taking instructions submits that the police officer was unaware of the dictum in Yesudas (supra) and has sought advice from the learned Prosecutor. By the time he got the advice and later received an application by registered post on 3.11.2008, he had already submitted the final report on 2.11.2008. 3. The explanation may not be too convincing, but the fact remains that the offences are compoundable and the final report has already been filed. The decision in Yesudas (supra) makes it clear that if the Investigating Officer does not do the needful W.P.C.No. 34199 of 200 2 when the composition is reported to him pending investigation the parties have the option to approach the learned Magistrate with a petition under Section 320 Cr.P.C. even in the course of investigation. 4. It is unnecessary to go in greater detail in this writ petition. Suffice it to say that the petitioners can now approach the learned Magistrate as the final report has already been filed and the case has been numbered as C.C.792 of 2008 and seek such composition. 5. This Writ Petition is dismissed with the above observations. (R. BASANT) Judge tm