Important case law on compounding of offence
An offence is complete when the acts constituting it have been committed, irrespective of whether any complaint or charge has been laid before the Court or not. The allusion to the word "accused" in the section only describes his character at the time of the trial. But it is undoubted that an offence is complete as soon as all acts constituting it have been committed, and it is the compounding of the offence and not of the trial, which is the matter to be considered. Therefore, it is neither necessary for a compromise or composition to be in writing nor that it should be made after the case has been launched or the complaint has been made. In the present case the compromise took place after the lodging of the report and when the proceeding of the case were going on. It will be a valid compounding of an offence under Section 352 IPC which is compoundable without intervention of the Court.
IN THE HIGH COURT OF ALLAHABAD
Decided On: 04.12.1987
