IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Crl.MC.No. 3178 of 2008() ------------------------------------- (CRIME NO.647/2008 OF THODUPUZHA POLICE STATION) .................... PETITIONERS:ACCUSED 3 & 4: ---------------------------------------------- 1. M. MANOJ KUMAR, S/O.VASUDEVAN, KALATHIL HOUSE, CHOOLOOR KARA, CHATHAMANGALAM VILLAGE, KOZHIKODE TALUK. 2. T.BINDU, D/O.PURUSHOTHAMAN, NAYATTUPARAMBIL HOUSE, KOTTOOLI KARA, KOTTOOLI NELLIKKODU VILLAGE, KOZHIKODE TALUK. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: COMPLAINANT: ------------------------------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES, THODUPUZHA BRANCH, REPRESENTED BY ITS MANAGER. 2. O.B.JAYAN (A1), S/O.P.E.BHASKARAN, ORAVAKKYZHYIL HOUSE, VANNAPPURAM P.O., VANNAPPURAM KARA, VANNAPPURAM VILLAGE. 3. O.B.VIJAYAN (A2), S/O.P.E.BHASKARAN, ORAVAKKYZHYIL HOUSE, VANNAPPURAM P.O., VANNAPPURAM KARA, VANNAPPURAM VILLAGE. 4. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.H.O., THODUPUZHA. ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3178 of 2008 ------------------------------------------------- Dated this the 20th day of August, 2008 ORDER The petitioners face allegations in a crime registered alleging the offence punishable under Sec.420 read with Sec.34 IPC. A crime has been registered. Investigation is in progress. The Kerala State Financial Enterprises, Thodupuzha Brnach, is the complainant. A complaint was filed before the learned Magistrate. The same was referred to the police and accordingly the crime has been registered. 2. The petitioner has now come to this Court with a prayer that the F.I.R. may be quashed invoking the jurisdiction under Sec.482 Cr.P.C. What is the reason? The learned counsel for the petitioners submits that the entire liability has been discharged and the respondent/complainant has no grievance surviving now. If that be the case, the complainant Crl.M.C. No. 3178 of 2008 -: 2 :- can certainly report that fact to the police or the learned Magistrate. The mere fact that the investigation into a compoundable offence is pending is no reason for the learned Magistrate to throw his hands up and choose not to accept the composition. It has already been clarified in the decision reported in Yesudas v. S.I. of Police (2008 (1) KLT 245) that such composition can be accepted even at the stage of investigation. The complainant will now have to take a definite stand as to whether the offence has been compounded or not. The learned counsel for the petitioners submits that if any further amount is demanded to be paid, the petitioners are willing to pay such amount also to purchase peace and thus bring the proceedings to termination. I need only mention that the respondent/complainant must consider whether the matter can be settled on the existing state of affairs or by insisting on any further conditions and if the petitioners are willing to satisfy such conditions and the complainant is willing to compound the offence, necessary request must be made to the Investigating Officer and/or the learned Magistrate in accordance with the decision in Yesudas (supra). Such composition, needless to Crl.M.C. No. 3178 of 2008 -: 3 :- say, can be against the petitioners alone or against all the accused. 3. With the above observations, this Crl.M.C. is dismissed. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge