IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Crl.MC.No. 2028 of 2008() ------------------------- CRIME NO. 49/08 OF IRIKKUR POLICE STATION PETITIONER: ------------ 1. K. SALEEM, S/O. ABOOBACKER, AGED 17 YEARS RESIDING AT KUNNUVAYAL, AYIPUZHA PATTANNUR, THALASSERY. 2. SHIHABUDHEEN P.K., S/O. MOIDEEN, AGED 18 YRS. POOVATTARAKATH, KUNNUMPURATH RESIDING AT PATTANNUR AMSOM AYIPPUZHA DESOM, KANNUR TALUK. 3. V. SAMAD, S/O. MUHAMMED, AGED 18 YEARS VALAPPINAKATH, RESIDING AT PATTANNUR AMSOM DO. DO. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O., IRIKKUR POLICE STATIOIN, KANNUR DT. 3. ABDUL LATHEEF A.P., AGED 11 YEARS S/O. C.P. ABDUL SALAM, A.P. HOUSE NILAMUTTAM P.O., IRIKKUR, KANNUR DT. THROUGH HIS FATHER C.P. ABDUL SALAM RESIDING IN THE ABOVE ADDRESS. R1 & 2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2028 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2008 O R D E R The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 377 I.P.C. In the F.I.R. the accused persons are not named and they are described as “about three identifiable persons.” In the course of investigation the petitioners have been arrayed as accused and investigation is in progress. It is at that stage that the petitioners have come before this Court. They pray that powers under Section 482 Cr.P.C. may be invoked to quash the investigation, which is in progress against them. 2. What is the reason? The learned counsel for the petitioners submits that the allegations against the petitioners are false. The father and mother of the defacto complainant have realised that the allegations are false. The matter has been settled and they have no intention to proceed further. In these circumstances it is prayed that powers under Section 482 Cr.P.C. Crl.M.C.No. 2028 of 2008 2 may be invoked to quash the proceedings or atleast to direct a further investigation to be conducted. 3. Admittedly the investigation is not complete. Final report has not been filed yet. The offences are non-compoundable offences. In these circumstances I find no merit in the prayer for quashing of the proceedings or for a direction to conduct further investigation. The petitioners can bring to the notice of the Investigating Officer all relevant circumstances. The Investigating Officer can further question the relevant witnesses, if necessary. The Investigating Officer must, taking all the relevant circumstances into account, come to an appropriate conclusion after completion of the investigation. No specific direction appears to be necessary now. 4. This Crl.M.C. is dismissed, but with the above observations. (R. BASANT) Judge tm