A prosecution under Section 379 of the Indian Penal Code is sought to be quashed on the ground that the accused and the complainant have come to terms. The matter is now pending before the trial court as C.C No.364/2012. When composition under Section 320(1) of the Code of Criminal Procedure is possible even without permission, powers under Section 482 of the Indian Penal Code cannot be exercised. The parties can very well approach the trial court, and have the composition recorded. When the parties have come to terms, and the offences are compoundable the trial court will not stand in the way.
With these observations this Criminal Miscellaneous Case is closed.
P.UBAID JUDGE ab