1. Introduction
A Compromise Application under (Cr.P.C.) the Code of Criminal Procedure, 1898, is a formal request made before a competent criminal court whereby the complainant/victim and the accused jointly or through counsel inform the court that the dispute forming the basis of the criminal case has been amicably settled. The object of such an application is to seek permission of the court to compound the offence (where compounding is legally permissible) and to bring the criminal proceedings to an end in accordance with the law.
Compromise in criminal matters is not a matter of private convenience alone. It is regulated strictly by statute to ensure that public interest, administration of justice, and the rights of parties are duly protected. Therefore, a compromise can only be accepted for those offences which are compoundable under the Cr.P.C., and subject to the satisfaction of the court that the compromise is genuine, voluntary, and free from coercion, pressure, or undue influence.
In practice, compromise applications are commonly filed in cases arising out of personal disputes, family matters, minor hurt cases, property-related quarrels, and other offences of a private nature where the law permits settlement.
Legal Provisions
Section 345(2) of the Code of Criminal Procedure, 1898 deals with those criminal offences which are compoundable only with the permission of the Court. It recognizes that although certain offences arise out of private disputes, their compounding cannot be left solely to the will of the parties. Judicial scrutiny is necessary to ensure that the compromise is lawful, genuine, and not contrary to the public interest.
Under this provision, even where the complainant and the accused have settled their dispute amicably, the compromise does not take effect automatically. The parties must approach the competent court through an application, usually filed by an advocate, seeking the court’s permission to compound the offence.
Section 345(6), Cr.P.C. explains the legal effect of such compounding. It provides that once an offence is lawfully compounded under Section 345, the result is deemed to be an acquittal of the accused. This acquittal carries the same legal force as an acquittal after a full trial.
When Sections 345(2) and 345(6) are read together, they establish a complete legal mechanism whereby:
The court first exercises its discretion under Section 345(2) to allow or refuse the compounding of an offence; and
Upon granting such permission and accepting the compromise, the court applies Section 345(6), resulting in the accused’s acquittal as a consequence of lawful compounding.
Role of the Advocate in Compromise under Section 345(2)
In practice, a compromise under Section 345(2) is commonly presented through an advocate. The advocate’s role is to:
- Assist the court by formally placing the fact of compromise on record;
- Ensure that the offence falls within the category of compoundable offences;
- Satisfy the court that the compromise is voluntary and lawful; and
- Facilitate the recording of statements of the parties, if so directed by the court.
The filing of such a compromise through counsel does not replace judicial scrutiny; rather, it helps the court in exercising its discretion judiciously.
Role of the Advocate in Compromise under Section 345(2)
In practice, a compromise under Section 345(2) is commonly presented through an advocate. The advocate’s role is to:
- Assist the court by formally placing the fact of compromise on record;
- Ensure that the offence falls within the category of compoundable offences;
- Satisfy the court that the compromise is voluntary and lawful; and
- Facilitate the recording of statements of the parties, if so directed by the court.
The filing of such a compromise through counsel does not replace judicial scrutiny; rather, it helps the court in exercising its discretion judiciously.
3. When is a Compromise Application Required?
A compromise application is required to be filed in the following situations:
- After registration of an FIR, where the parties have settled their dispute, and the offence is compoundable.
- During the trial, at any stage before the final judgment, if the parties reach an amicable settlement.
- After conviction but before final disposal of the appeal, where the offence remains compoundable, and the appellate court’s permission is required.
- In family and private disputes, such as hurt cases, criminal trespass, defamation, or minor property disputes, where the continuation of criminal proceedings serves no useful purpose.
A compromise application is not maintainable where:
- The offence is non-compoundable under Section 345, Cr.P.C.
- The matter involves serious crimes affecting society at large (e.g., terrorism, rape, corruption, etc.).
4. Purpose and Importance of Filing a Compromise Application
The filing of a compromise application serves several important legal and practical purposes:
- It saves judicial time by avoiding unnecessary continuation of criminal proceedings.
- It promotes reconciliation and social harmony between parties.
- It protects the accused from prolonged litigation where the complainant no longer wishes to pursue the case.
- It ensures that settlements are recognized and enforced through lawful judicial process, rather than private arrangements alone.
Format of Compromise Application Under CR.P.C(For District Courts)
A properly drafted compromise application should include:
- Title and jurisdiction of the court.
- FIR number, date, police station, and relevant sections of law.
- Complete particulars of the complainant and the accused.
- A clear statement that the dispute has been amicably settled.
- Reference to the relevant provision of law (Section 345, Cr.P.C.).
- Affirmation that the compromise is voluntary and without coercion.
- Prayer for acceptance of the compromise and acquittal of the accused.
The Format is given below:
IN THE COURT OF _____________ JUDICIAL MAGISTRATE AT KARACHI DISTRICT ________________
CRIMINAL CASE NO.: _______ OF 20_____
ABC ———————————————- Complainant
V E R S U S
XYZ ———————————————– Accused
APPLICATION UNDER SECTION 345(2) CR.PC
It is respectfully prayed on behalf of the above-named parties that this Honorable Court may be pleased to allow the parties to enter and submit the Compromise Application before the Honorable Court due to the involvement of well-wishers of the parties, as both parties have compromised the matter outside the Court through Compromise and settle the dispute between the parties with their free consent and without any pressue therefore, the Complainat have forgiven pardon to the Accused and now he do not want to proceed the case against the Accused, and if this Honorable Court will acquitted the all accused then the Complainant have NO OBJECTION.
COMPLAINANT SIGNATURE ACCUSED SIGNATURE
KARACHI DATED: ______________
ADVOCATE FOR THE ACCUSED
IN THE COURT OF _____________ JUDICIAL MAGISTRATE AT KARACHI DISTRICT ________________
CRIMINAL CASE NO.: _______ OF 20_____
ABC ———————————————- Complainant
V E R S U S
XYZ ———————————————– Accused
APPLICATION UNDER SECTION 345(6) CR.PC
It is most respectfully prayed on behald of the above named Complainant that this Honorable Court may be pleased to grant this Application thereby Accept the Compromise and to acquit the Accused from the alleged Charge as the matter has been patched up out of court between The parties due to involvement of well-wishers of the parties, therefore, the Complainant showing no interest to Proceed the Case against the Accused, i have forgiven the Accused now he do not want to proceed the Case against the Accused at any cost, and if this Honorable Court will acquit the Accused then the Complainant have NO OBJECTION.
COMPLAINANT SIGNATURE ACCUSED SIGNATURE
KARACHI
DATED: _________________
ADVOCATE FOR THE ACCUSED
Both the above Applications of Compromise are being filed jointly before the Honorable Court.
Disclaimer
The format and information provided above are for educational and reference purposes only. They are intended to offer general guidance on legal drafting and procedure and should not be treated as legal advice. Each case depends on its own specific facts, applicable law, and court practice; therefore, users are advised to modify the format according to their particular circumstances and seek professional legal advice as necessary.