The petitioner herein is the second accused in Crime No.331 of 2000 of Ollur Police Station registered under Sections 379 and 411 of Indian Penal Code . The 1st accused pleaded guilty before the trial court in C.C No.1055 of 2001. The case against the petitioner herein was split up and refiled as C.C No.1350 of 2001. Now the case stands transferred to the register of Long Pending Cases as L.P No.69 of 2006. The 1st accused was released on admonition by the Judicial First Class Magistrate – III, Thrissur under Section 3 of the Probation of Offenders Act. Now the 2nd accused seeks orders quashing prosecution as against him on the ground that he and the de facto complainant have come to terms. The offences involved in the crime are compoundable under the law. When composition is possible, this Court cannot act under Section 482 of the Code of Criminal Procedure. The parties will have to approach the trial court to have the composition Crl.M.C No.4540 of 2014 2 recorded under Section 320 (1) of the Code of Criminal Procedure. I do not think that the learned Magistrate will stand in the way of composition, saying that the case now stands transferred to the register of long pending cases. If composition is reported, the trial court will have to accept it when composition is possible under Section 320 (1) of the Code of Criminal Procedure. With the above observations, this Crl.M.C is closed.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge