Compoundable Offence

 Elaborate Compoundable Offences. What is the legal effect of avalid Composition? Differentiate Withdrawal of a case and Composition of an offence?

Meaning of Compounding an Offence:

The Compounding of an Offence indicates that the dispute between complainant that is aggrieved party, and accused that is person complained against has been settled by an agreement between them. Further, the expression Compounding of an offence denotes that the dispute between the parties has been settled or adjusted by agreement. And the person against whom the offence had been committed having received some consideration (Diyat), and he agrees, not toprosecute the accused.A lawful Composition may be effected evenwithout passing of any consideration, (Diyat), but there must be some arrangements between the parties to settletheir differences.

Compoundable Offences:

Offences which are mentioned in section (345) of Cr.P.C are Compoundable offences, and offences other than those mentioned in section (345) are non-compoundable.

Legal effect of a valid Composition:

The legal effect of Composition is an acquittal of the accused (i.e with whom the offence has been compounded) such Composition once made cannot be withdrawn. A compromise of a Compoundable case allowed by the court ousts the jurisdiction of the Court to try thesaid case.

Difference between Withdrawal and Composition:

The points of difference between withdrawal of offence and Composition of offence are the following:1. A Composition in Compoundable case can effected even without the permission of the Court, but withdrawal can oly be effected with the consent of the court.2. A composition is the result of the acts of both parties, while withdrawal is the result of the act of one party i.e complainant/prosecution.3. A composition in regard to a compoundable case is completed as soon as it is made, while withdrawal is not completed till leav of the court has been obtained.

CONCLUSION:

the conclusion that offences mentioned in section (345) of criminal procedure code may be compounded, if the parties made some arrangements for settling their differences.A person can compound the offence, who may set the criminal law in motion, but such person must be the person specified in the third column of the table of section 345 of criminal procedure code , while on other side prosecution can withdraw the offence under section 494 of criminal procedure code in cases where either the evidence is insufficient to secure a conviction, or where the parties have compromised the case or where similar other circumstances exist.