The petitioner herein are the accused in C.C No.197/2011 of the Judicial First Class Magistrate Court, Sasthamcotta. The said prosecution under Sections 341 and 323 of the Indian Penal Code is sought to be quashed under Section 482 of the Code of Criminal Procedure. The offences are in fact compoundable under the law. When the offences are compoundable, this Court will not act under Section 482 of the Code of Criminal Procedure to quash the prosecution. The parties will have to resort to the normal legal course available under the Code of Criminal Procedure.
2. The learned counsel expressed his concern that the learned Magistrate will remand the accused to custody, when warrant of arrest is pending. I do not think that the learned Magistrate will mechanically remand the accused to custody when the offences stand compounded, and composition is properly and legally reported to Court. The learned Magistrate will follow the decision of this Court that in such cases the physical presence of the accused cannot be insisted.
Crl.M.C No.6083 of 2014 2 In the result, this Criminal Miscellaneous Case is closed with observation that they will have to approach the trial court itself for composition under Section 320 of the Code of Criminal Procedure.
P.UBAID, JUDGE ab