A prosecution involving the offences punishable under Sections 403, 406, 408, 417 and 420 of the Indian Penal Code is sought to be quashed under Section 482 of the Code of Criminal Procedure on the ground that the parties have settled the whole dispute. What is reported is composition. When the offences are really compoundable under Section 320 of the Code of Criminal Procedure, prosecution cannot be quashed by this Court under Section 482 of the Code of Criminal Procedure. The parties will have to pursue the proper and legal course possible under the law.
In the result, this Criminal Miscellaneous Case is closed without prejudice to the right of the parties to approach the trial court for composition under Section 320 of the Code of Criminal Procedure.
P.UBAID JUDGE ab