Tendered at bail stage or on the basis of statement recorded at remand stage, in cases falling under sub-section (2) of section 345 Cr.P.C?

 a. Whether the accused can be acquitted solely relying upon the statement/affidavit tendered at bail stage or on the basis of statement recorded at remand stage, in cases falling under sub-section (2) of section 345 Cr.P.C?

b. Whether, a person can be acquitted in non-compoundable offence on the ground of compromise?

While dealing with compromise in cases provided under section 345 (2) Cr.P.C., court should adhere to the following principles:

i. Person effecting such compromise should have locus standi to compound an offence in accordance with section 345 Cr.P.C.

ii. There should be no element of coercion, duress or deceit to effect such compounding.

iii. Compounding of offence shall be given effect, only with the permission of court where prosecution of such offence is pending, where case falls under the category of offences enlisted under section 345(2) Cr.P.C.

iv. Court under section 345(2) Cr.P.C. should not give effect to such compromise in carefree manner rather should exercise a sound and rational discretion in giving or refusing sanction to such compromise.

v. Once an offence is compounded after fulfilling all the legal requirements, it cannot be reversed because once a compromise always a compromise, unless it is brought on the record that the same was effected through undue influence, coercion or force.

Criminal Appeal No. 1054 of 2011
Muhammad Tariq Versus Fazal Abbas & others
2021 LHC 1400