copromise can take place even prior to filing of FIR or before taking cognizance . Composition is of the offence and not merely the proceedings pending before the Court. Termination of proceedings is the consequence of the composition and it has to be held that composition is of the offences alleged. Offences are committed even before the complaint/F.I.R. is filed and cognizance is taken only later by a Court. The composition of the offence can therefore certainly take place even prior to the filing of the complaint/F.I.R. and cognizance being taken by the Court. It can take place at any time after the commission of the offence.A person becomes an accused not merely when the final report/complaint is filed. The accused is a person who is accused of an offence. In that view of the matter, his status as an accused arises from the point of commission of the offence and thereafter when allegations of commission of crime are raised against him. The expression 'accused' in S.320(8) Cr.P.C. can hence only refer to the status of the person vis-a-vis the offence and it must be held to have nothing to do with his formal indictment before a Court. It cannot be contended that he becomes an accused only after cognizance is taken and, consequently, that composition can be only after cognizance is taken by a Court. Such a conclusion cannot obviously be drawn from the use of the expression 'accused' in S.320(8) Cr.P.C.
the following citations are relevant=
Madan Mohan Abbot Vs State of Punjab- 2008 (4) SCC 582
Nikhil Merchant Vs .CBI - 2008(9)SCC 677
Manoj Shrama Vs State- 2008(11) JT 674
