The petitioner herein is the original 4th accused in Crime No.299/2000 of the Payyannur Police Station. Pending the proceeding in the trial court, in C.C.No.668/2000, the defacto complainant and the other accused (accused Nos.1 to 3) compounded the offences. Accordingly, accused Nos.1 to 3 obtained acquittal under Section 320(8) of the Code of Criminal Procedure. Now the 4th accused has come with this application under Section 482 of the Code of Criminal Procedure to quash the prosecution as against him, on the ground that he has also settled the dispute with the complainant. The case against him was split up in the trial court, and it stands transferred to the register of long pending cases as L.P.C No.17/2005. The offences punishable in the case are compoundable under the law. If so, this Court cannot quash the prosecution under Section 482 of the Code of Criminal Procedure. The parties will have to approach the trial court itself to have the composition recorded under Section 320 of the Code of Criminal Procedure. This Crl.M.C No.5955 of 2014 2 Court does not think that the learned Magistrate will remand him to judicial custody when the dispute stands settled, and composition is duly reported to court.
In the result, this Criminal Miscellaneous Case is closed with observation that the parties will have to approach the trial court itself for composition under Section 320 of the Code of Criminal Procedure.
P.UBAID JUDGE ab