The petitioner herein is the sole accused in C.C. No. 67/2014 of the Judicial First Class Magistrate Court, Muvattupuzha. Crime in the said case was registered under Sections 406 and 420 IPC, on the complaint of one Abdul Jaleel, who is the 1st respondent in this proceeding. The accused now seeks orders under Section 482 Cr.P.C. quashing the prosecution on the ground that he and the defacto complainant have settled the dispute amicably out of court. Practically, what is reported is composition. When composition with permission or without permission is possible, under Section 320 Cr.P.C., the parties will have to approach the trial court, and have the composition recorded. The learned counsel for the petitioner, at this juncture, expressed concern that the trial court will insist on the presence of the accused. No doubt, the decision of this Court in Y.P. Baiju v. State of Kerala and Others [2007(4)KLT 1082] will have Crl.M.C.. No. 4945/2014 2 to be followed by the trial court. In the result, this Crl.M.C. is closed, with direction to the parties to approach the trial court for composition, under Section 320 Cr.P.C.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE