BINU CHERIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces prosecution for offences punishable interalia under Section 324 and 354 I.P.C. When the matter came up finally for hearing, the learned counsel for the rival contestants jointly submit that the matter has now been settled between the parties. All the offences are compoundable and the complainant has already settled the disputes and compounded the offences alleged against the accused. The learned counsel for the defacto complainant/victim submits that the complainant is willing to appear before the learned Magistrate and apply for composition.

(2.) If that be so, it is only necessary to direct that the learned Magistrate must consider such application for composition, in accordance with law on merits and expeditiously. To consider such application for composition by the defacto complainant, it is not necessary for the learned Magistrate to insist on the personal appearance of the accused.

(3.) With the above observations, this Criminal Miscellaneous Case is allowed in part. The learned Magistrate is directed to consider such application for composition without insisting on the personal presence of the accused.