IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Crl.MC.No. 686 of 2008 ------------------------ CMP.7702/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER: 2ND AND 3RD ACCUSED ------------------------------- 1. UNNI, W/O.KARAPPAN, AGED 75 YEARS, KOTTANPARAMBIL HOUSE, KOTTAKKAL POST, PARAMBILANGADI, MALAPPURAM DISTRICT. 2. LAKSHMI, W/O.UNNI, AGED 69 YEARS, -DO- -DO- BY ADV. SRI.K.P.SUDHEER RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, KOTTIYAM POLICE STATION, KOTTIYAM, KOLLAM DISTRICT. 2. SHYNI, D/O.SEETHA, AGED 28 YEARS, CHENTHAPUR, DESCENT JUNCTION POST, THRIKKOVILVATTOM, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 686 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008 ORDER The petitioners, who are accused Nos.2 and 3 in Crime No. 586 of Kottiyam police station for the offences punishable under Sections 493,494,495,496 and 376 read with Section 34 of the Indian Penal Code, seek to quash Annexures-A1 complaint and A2 F.I.R. as against the petitioners. 2. It is too early to consider the contentions of the petitioners that they have been falsely implicated in the case and that neither the complaint nor the F.I.R. disclose any offence against the petitioners. The investigation of the case is in progress and at this stage of the investigation, this Court will not quash the F.I.R. and stay the investigation. In case, the petitioners are charge sheeted by the police and the charge sheet does not make out any of the offences alleged against the petitioners, they can work out their remedies at the appropriate stage before the appropriate forum. Reserving the said right of the petitioners, this Crl.M.C.is dismissed. V. RAMKUMAR, JUDGE ks The accused in C.C. / ST. No..................on the file of the J.F.C.M, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, challenges the conviction entered and the sentence passed against him concurrently by the courts below. 2. Pending this revision, the parties have settled the matter. Crl.M.A.No. of 2007 has been filed under Section 147 of the Negotiable Instruments Act, 1881 seeking permission to record the composition entered into between the revision petitioner and the complainant. The said petition has been signed by both the revision petitioner as well as the complainant and their respective counsels. In the light of this development, the aforementioned composition is recorded and it will have the effect of an acquittal of the revision petitioner within the meaning of Sec. 320 (8) Cr.P.C. This Crl. R.P. is disposed of as above. V. RAMKUMAR, JUDGE ks