Compromise (rajinama) in a criminal case in India — which offences can be compounded under BNSS s.359 (old CrPC 320), court permission, quashing an FIR on settlement in the High Court (BNSS s.528 / old 482), cheque bounce compounding and what cannot be settled (2026)
Plain guide for complainants and accused who want to end a criminal case by settlement: what ‘compounding’ means, the two BNSS tables (with and without court permission), common examples like hurt, threats, cheating, criminal breach of trust and trespass with old IPC numbers, how a compromise is recorded in court, when the High Court may quash a non-compoundable FIR after settlement, special rules for cheque bounce, and offences that cannot be settled. Educational only — not legal advice. Adhiwakta does not draft compromise deeds, negotiate with parties or appear in court.
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What ‘compounding’ means
Compounding is a lawful compromise in which the victim agrees to end the prosecution, and the law treats it as an acquittal of the accused (BNSS s.359(8), old CrPC s.320(8)). It is allowed only for offences listed in the two tables of BNSS s.359; no other offence can be compounded under this section (s.359(9)). Since 1 July 2024 the tables use Bharatiya Nyaya Sanhita (BNS) numbers in place of the old IPC. Cases that were already pending on that date generally continue under the old CrPC procedure (BNSS s.531), so check which law applies to your case.
Table 1 — the victim can compound without court permission
Common examples: voluntarily causing hurt, BNS s.115(2) (old IPC 323); wrongful restraint / confinement, s.126(2) / 127(2) (old 341 / 342); assault or criminal force, s.131 (old 352); theft, s.303(2) (old 379); cheating, s.318(2) (old 417); criminal trespass and house-trespass, s.329(3) / (4) (old 447 / 448); mischief causing loss to a private person, s.324(2) / (4) (old 426 / 427); criminal intimidation, s.351(2) / (3) (old 506); intentional insult, s.352 (old 504); defamation, s.356(2) (old 500). The person named in the table — usually the person hurt, cheated or threatened — files the compromise in the court where the case is pending.
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Table 2 — compounding only with the court’s permission
Some offences can be settled only if the court allows it, for example: word, gesture or act intended to insult the modesty of a woman, BNS s.79 (old 509); bigamy, s.82(1) (old 494); grievous hurt, s.117(2) (old 325); hurt or grievous hurt by a rash or negligent act, s.125(a) / (b) (old 337 / 338); criminal breach of trust, s.316(2) (old 406); cheating and dishonestly inducing delivery of property, s.318(4) (old 420). The court checks that the settlement is voluntary and genuine before allowing it. After committal to Sessions or during an appeal, leave of that court is needed (s.359(5)).
Offences that cannot be compounded
Serious offences are not in either table — for example rape, BNS s.64 (old 376); attempt to murder, s.109 (old 307); assault to outrage modesty, s.74 (old 354); cruelty by husband or relatives, s.85 / 86 (old 498A); dowry death, s.80 (old 304B); and offences under special laws unless that law itself allows compounding. Compounding is also barred where a previous conviction makes the accused liable to enhanced punishment (s.359(7)). For non-compoundable offences, a private settlement does not by itself close the case; the parties may only ask the High Court to use its inherent powers, as explained below.
How a compromise is usually recorded
Typical steps: both sides sign a written compromise / settlement (often with an affidavit), stating that it is voluntary and without pressure; the compromise application is filed in the trial court with the case number; the complainant / victim appears in person and the court records statements; for Table 2 offences the court decides whether to grant permission; the court then records compounding and acquits the accused for that offence. If a child or person of unsound mind is the victim, a person competent to contract on their behalf may compound with permission; if the victim has died, the legal representative may compound with the court’s consent (s.359(4)). Keep copies of the order.
Quashing a non-compoundable FIR after settlement — High Court
The High Court has inherent power to quash proceedings to secure the ends of justice — now BNSS s.528 (old CrPC s.482). In Gian Singh v. State of Punjab (2012) the Supreme Court held that this power can be used after a genuine settlement where the dispute is predominantly civil, commercial, matrimonial or family in nature, but not for heinous or serious offences such as murder, rape or dacoity, or offences against society. B.S. Joshi (2003) allowed quashing of matrimonial cases including 498A after settlement; Narinder Singh (2014) and Parbatbhai Aahir (2017) explained the limits, including for attempt-to-murder cases. This is the court’s discretion, case by case — there is no automatic right to quashing.
Cheque bounce (NI Act s.138) — special rule
Every offence under the Negotiable Instruments Act is compoundable (NI Act s.147), at any stage. The Supreme Court’s cost guidelines in Damodar S. Prabhu (2010) were revised in Sanjabij Tari v. Kishore S. Borcar (25 September 2025): broadly, payment before defence evidence is compounded without extra cost, with graded additional costs at later stages (trial after defence evidence, Sessions / High Court, Supreme Court), and courts may reduce costs for recorded reasons. Lok Adalats and mediation centres are commonly used for such settlements. Check the current order of your court before paying.
State differences and practical cautions
Some States had amended the old CrPC table (for example, Andhra Pradesh had made 498A compoundable with court permission); whether a similar State amendment applies under BNSS should be checked for your State. Practical points: settle in writing, list every case between the parties (criminal, civil, maintenance, DV) and how each will be closed; pay through traceable modes; do not withdraw from a case on oral promises; and remember that taking money to stay silent in a non-compoundable offence is not a legal compromise. Threats or pressure to compromise can themselves be reported to the police or the court.
Papers to keep ready
FIR or complaint copy and case number; charge-sheet if filed; next date and court name (eCourts case status); written compromise / settlement and ID proofs of both sides; proof of any payment; copies of related civil or family cases; and for High Court quashing, the full set of lower-court papers and the settlement affidavit.
How Adhiwakta can help
We do not draft compromise deeds or petitions, negotiate with the other side, or appear in any court or police station. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- Which criminal cases can be settled by compromise in India?
- Only offences listed in BNSS s.359 (old CrPC 320). Examples without court permission: hurt (BNS 115(2), old 323), criminal intimidation (351, old 506), insult (352, old 504), theft (303(2), old 379), trespass and defamation. With court permission: criminal breach of trust (316(2), old 406), cheating (318(4), old 420), grievous hurt (117(2), old 325).
- Can a 498A or rape case be compromised?
- No, they are not compoundable under BNSS s.359. In matrimonial cases like 498A (now BNS s.85), the High Court may quash proceedings after a genuine settlement using its inherent power (BNSS s.528, old 482). Rape and other heinous offences are not quashed merely on settlement.
- What is the effect of compounding?
- Once the court records the compounding, it has the effect of an acquittal of the accused for that offence (BNSS s.359(8)).
- Can an FIR be closed by compromise before charge-sheet?
- Compounding under s.359 is done in court. Before a case reaches court, parties often approach the High Court for quashing on settlement, especially for non-compoundable offences. The police cannot close a case just because parties settled privately.
- Can a cheque bounce case be settled at any stage?
- Yes. All NI Act offences are compoundable (s.147). Under the Supreme Court’s revised guidelines (Sanjabij Tari, September 2025), settling before defence evidence attracts no extra cost; later stages can carry graded costs, which courts may reduce for reasons.
- Is it legal to take money to settle a case?
- Payment as part of a genuine settlement of a compoundable or civil-natured dispute recorded before the court is common. Taking money to stay silent in a serious non-compoundable offence is not a lawful compromise and can create fresh legal trouble.
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