IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Crl.MC.No. 4087 of 2008() ------------------------- CRIME NO. 476/08 OF VALANCHERY POLICE STATION PETITIONER(S): ACCUSED ---------------------- 1. SAIDALIKUTTY,S/O.MOIDEEN CHERNIYIL HOUSE,VENGAD P.O. MALAPPURAM DISTRICT. 2. MUNEERA, W/O.SAIDALIKUTTY CHERNIYIL HOUSE,VENGAD P.O., MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE VALANCHERY POLICE STATION-THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. 2. P.T.AZEEZ,S/O. ALAVI,PEERAKATHODUVIL HOUSE,PERASANNUR, VALANCHERY, MALAPPURAM DISTRICT ADV. SMT.M.T.SHEEBA FOR R2 R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4087 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of October, 2008 O R D E R The petitioners face allegations under Section 420 I.P.C. in a crime registered before the Valancherry police as Crime No.476 of 2008. That crime in turn has been registered on the basis of the private complaint filed before the J.F.M.C. Tirur and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is pending. 2. At this stage the petitioners/accused and the defacto complainant/second respondent have come to this Court with a prayer that the parties have settled their disputes and the second respondent has compounded the offences allegedly committed by the petitioners. It is prayed that powers under Section 482 Cr.P.C. may be invoked to quash the proceedings against the petitioners. 3. I am afraid the prayer to invoke the powers under Section 482 Cr.P.C. is premature. It is for the petitioners and the Crl.M.C.No. 4087 of 2008 2 second respondent to report such composition to the police. It is for the Investigating Officer to take necessary action in pursuance of such prayer for composition, if such composition is reported to the Investigating Officer. It is submitted that the report has been filed to the Investigating Officer. If the Investigating Officer does not take necessary action, it is for the parties to approach the learned Magistrate to report the composition. The learned Magistrate must consider such application. The procedure adopted in the event of such pre- cognizance composition has been adverted to in detail in the decision in Yesudas v. S.I. of Police (2008 (1) KLT 245). Without and before exhausting the course available to the parties before the Investigating Officer and the Magistrate concerned, I find no reason to entertain this Crl.M.C. Before me now. 4. This Crl.M.C. is accordingly dismissed. I may hasten to observe that the dismissal of this Crl.M.C. will not in any way fetter the rights of the petitioners and the second respondent to report composition before the Investigating Officer or the learned Magistrate Crl.M.C.No. 4087 of 2008 3 and assail such orders, if unfavourable to them before appropriate court. (R. BASANT) Judge tm