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Compromise and Settlement in Criminal Cases β€” Complete Guide for Asansol

Complete guide to compounding of criminal offences under Section 320 CrPC covering compoundable offences, procedure for compromise, withdrawal of cases, and legal assistance.

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Compounding of Offences

Compounding is the settlement of criminal cases between parties with court permission. Section 320 CrPC classifies offences as compoundable (can be settled) and non-compoundable (cannot be settled). Compoundable offences can be settled without or with court permission enabling acquittal of the accused.

Compoundable Offences

Without court permission: Section 498A (cruelty), 323 (hurt), 379 (theft), 406 (criminal breach of trust), 414 (assisting in stolen property disposal). With court permission: 325 (grievous hurt), 354 (assault on woman), 426 (mischief), 500 (defamation). Non-compoundable: 302 (murder), 376 (rape), 395 (dacoity), 307 (attempt to murder).

Procedure for Settlement

Both parties file joint application before court expressing willingness to settle. Court verifies that compromise is voluntary. For compoundable offences, court allows compounding and acquits accused. For non-compoundable, court may consider compromise for sentence reduction but cannot acquit.

Frequently Asked Questions

What offences can be compounded? β–Ό

Section 320 CrPC lists compoundable offences. Examples: hurt (323), theft (379), criminal breach of trust (406), defamation (500). Serious offences like murder, rape are non-compoundable.

Can non-compoundable offences be settled? β–Ό

No. They cannot be withdrawn. However, court may consider compromise as mitigating factor for sentence reduction if conviction has already occurred.

What is the procedure for compounding? β–Ό

Both parties file application in court. Court verifies voluntary nature of compromise and allows compounding. Accused acquitted if offence is compoundable.

Does compounding result in acquittal? β–Ό

Yes. For compoundable offences, the accused is acquitted upon compounding. The case is treated as finally disposed.

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