IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3178 of 2008()
1. M.MANOJ KUMAR
... Petitioner
Vs
1. THE KERALA STATE FINANCIAL ENTERPRISES
... Respondent
For Petitioner :SRI.T.K.VIPINDAS
For Respondent :SRI.M.SASINDRAN, SC, K.S.F.E., LTD.
The Hon'ble MR. Justice R.BASANT
Dated :20/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3178 of 2008
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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