Y.P. Baiju vs State Of Kerala And Ors. on 30 October, 2007
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.