Sample Application for Compounding / Compromise
Drafting note: Replace the bracketed or blank portions with the actual case details. Mention Section 359 BNSS for proceedings governed by the BNSS. For a saved proceeding governed by the old Code, adapt the heading and pleadings to Section 320 CrPC. Also verify that the exact offence is compoundable and whether prior permission of the Court is required.
Criminal Case / Complaint No. ________ of 20____
IN THE MATTER OF:
VERSUS
Address: __________________________ Accused
Offence(s): Section(s) __________________ of the Bharatiya Nyaya Sanhita, 2023 / other applicable law
Police Station: __________________________
Next Date of Hearing: ____________________
MOST RESPECTFULLY SHOWETH:
- That the above-captioned criminal case is pending before this Hon'ble Court and is presently fixed for __________________.
- That the accused is facing proceedings for the offence(s) punishable under Section(s) __________________ of the Bharatiya Nyaya Sanhita, 2023 / other applicable law.
- That the dispute between the parties has been resolved voluntarily and amicably, without coercion, undue influence or pressure, and the person legally competent to compound the offence has agreed to the composition.
- That the settlement has been reduced into writing in the form of a compromise / settlement deed dated __________________, a copy of which may be filed with this application, where applicable.
- That the offence sought to be compounded is one which is legally compoundable by the competent person under Section 359 BNSS and, where permission of this Hon'ble Court is required by law, the applicants respectfully seek such permission.
- That the parties understand the legal consequence of lawful compounding and are making this application of their own free will.
- That acceptance of the lawful composition would bring the dispute to an end and serve the interests of justice.
PRAYER
In view of the facts stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:
- take the compromise / composition between the parties on record and permit the compounding of the offence, where permission of the Court is required;
- pass the consequential order in accordance with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, including acquittal where the requirements of law are satisfied; and
- pass such other or further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
Through Counsel
__________________________, Advocate
Place: __________________
Date: __________________
I, __________________________, aged about ____ years, S/o / D/o / W/o __________________________, residing at __________________________, do hereby solemnly affirm and state as follows:
- That I am the __________________ in the above case and am competent to swear this affidavit.
- That I have read and understood the accompanying application for compounding / compromise. The statements made therein are true and correct to my knowledge and belief.
- That the settlement / compromise has been entered into voluntarily, without coercion, threat, pressure or undue influence.
VERIFICATION
Verified at __________________ on this ____ day of __________________, 20____ that the contents of the above affidavit are true and correct to my knowledge and belief and that nothing material has been concealed.
DEPONENT