Some criminal cases can be settled out of court through compounding, but only for offences that the law specifically permits to be compounded. Serious offences against the State or society generally cannot be settled privately, even if both parties agree.
Key points
- Compoundable offences (usually less serious, personal-nature offences) can be settled with the complainant's consent, sometimes with court permission.
- Non-compoundable offences (serious crimes) cannot be privately settled and must proceed through trial.
- For some offences, court permission is required before a compromise is accepted.
- The High Court has inherent power to quash certain criminal proceedings where parties have genuinely settled, particularly in private disputes.
- Mediation and Lok Adalats can also help resolve compoundable matters.
Relevant law
Compounding of offences is governed by Section 359 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which lists compoundable offences and those requiring court permission. The High Court's power to quash proceedings on settlement flows from Section 528 of the BNSS, 2023, as recognised in Gian Singh v. State of Punjab (2012).
What you can do
- Check whether the specific offence is listed as compoundable under the BNSS.
- If compoundable, record the settlement and seek court permission where required, before the appropriate court in Gwalior.
- For quashing on settlement, approach the Madhya Pradesh High Court through a lawyer.
- Consult a criminal lawyer in Gwalior to determine whether your case can be legally settled.
This is a system-generated summary based on general principles of Indian law, to help you understand your situation. It’s general legal information, not legal advice, and may not reflect the specifics of your case. For guidance on your matter, consult a verified advocate below.
