IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Crl.MC.No. 4916 of 2008() ------------------------- FIR NO. 170/08 OF ERATTUPETTA POLICE STATION PETITIONER(S): ACCUSED 3 TO 5 ---------------------- 1. HAMSA, AGED 52, S/O. ABDUL KHADER, RESIDING AT P9OOKKADASSERY HOUSE, PERUMATTOM, MUVATTUPUZHA. 2. T.M. MOITHEEN, AGED 46, S/O. MAKKAR, THACHETHU HOUSE, PAYIPRA, MUVATTUPUZHA. 3. SENITHIL KUMAR, AGED 46, S/O. SHANMUGHAM, HOUSE NO.26 E, KALIPALAYAM RD, ZAMIN, UTHUKULI.P.O, POLLACHI. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. PAREEKOCHU, AGED 40, S/O.SAIDU MUHAMMED, VELIYATHU VEETIL HOUSE, THALAPPALAM KARA, ERATTUPETTA VILLAGE. ADDL. 3. JOSE, ALAPPATTU HOUSE KARIMBAN DESOM, IDUKKI. 4. SHAJI, KUZHIMANDAPATHIL HOUSE, KARIKODE DESOM, THODUPUZHA. ADDL. R3 & 4 ARE IMPLEADED AS PER ORDER ON CRL.M.A. 56/09 DT. 14.1.2009. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB R2 BY ADV. SRI.JACOB SEBASTIAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4916 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2009 O R D E R The petitioners are accused 3 to 5 in a crime registered at the Erattupettan police station alleging offences punishable under Sections 406 and 420 I.P.C. Five persons, including the petitioners, are arrayed as accused in the F.I.R. 2. The crux of the allegations is that all the accused persons, in furtherance of their common intention, had defrauded the defacto complainant by entering into an agreement for sale of vehicle with him. The vehicle was subsequently fraudulently taken away and dismantled. Investigation is in progress. Final report has not been filed yet. 2. At this juncture the accused, along with the defacto complaint, has come before this court to apprise this court of the fact that the parties have settled the disputes and the defacto complainant has compounded the offences alleged against the accused persons. Crl.M.C.No. 4916 of 2008 2 3. Notice was given to the learned Prosecutor, who opposes the application. The learned Prosecutor submits that it is premature to accept the composition in this case, where non-compoundable offences are also alleged. The learned Prosecutor submits that the investigation reveals the complicity of the petitioners in other similar crimes. There is reason to suspect that the accused persons are deliberately and with prior design indulging in identical crimes. The police need further time to conduct an exhaustive and complete investigation. At this juncture the attempt of the petitioners in collusion with the defacto complainant is to thwart the investigation and thus not permit the police to enquire into the other circumstances which are revealed. The learned Prosecutor further submits that there has been no proper, valid and genuine settlement of the disputes between the parties. 4. Be that as it may, I find merit in the objection raised by the Prosecutor as I feel that the Investigator is entitled for a detailed and exhaustive opportunity to conduct and complete the investigation. In any view of the matter, I am not persuaded to agree that this is a fit case where the extra ordinary inherent jurisdiction under Section 482 Crl.M.C.No. 4916 of 2008 3 Cr.P.C. can or ought to be invoked to bring to premature termination the investigation into the crime alleged against the petitioners. 5. This Crl.M.C. is dismissed. Needless to say dismissal of this petition will not in any way fetter the rights of the rival contestants to seek discontinuance of the proceedings at a later stage, after the filing of the final report. (R. BASANT) Judge tm