Petitioner herein seeks orders under Section 482 Cr.P.C., quashing the prosecution against him in C.C. No. 545/2013 of the Judicial First Class Magistrate Court, Perinthalmanna. The offences involved are under Sections 341 and 325 IPC. He seeks orders on the ground that he and the defacto complainant have settled the dispute amicably out of court. Thus, practically what is reported is composition. The offences being compoundable with permission of the court, the petitioner can very well approach the trial court and have the composition recorded under Section 320 Cr.P.C. The learned Magistrate has reported that warrant of arrest is pending against the accused, along with steps issued under Section 82 Cr.P.C. When the accused failed to appear in court, the trial court initiated proceedings against the sureties under Section 446 Cr.P.C., and when the sureties failed to appear and show cause against imposition of penalty, an amount of Crl.M.C.. No. 4898/2014 2 Rs.10,000/- each was imposed as penalty. Distress Warrant issued against the sureties, is also pending. In such a situation, the accused will have to surrender before the trial court and obtain necessary orders possible under the law including composition. If the matter is really compounded, and the composition is acceptable, the composition can well be recorded by the trial court, in which case the accused can be released on the benefit of acquittal. Once composition is recorded, the entire prosecution will come to an end. However, this will not in any manner affect the proceedings initiated against the sureties. In the result, this Crl.M.C. Is closed with observation that the petitioner will have to approach the trial court itself to have the composition recorded under Section 320 Cr.P.C.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE