Compromise petition

What are the facts? What is the context?

There are no facts. The aforesaid questions are questionable in my Mind. Need solutions 

The law provides for the compounding of offences wherein the court’s permission is a pre-requisite under Section 320(2) of the Criminal Procedure Code. These offences are punishable by certain sections of the Indian Penal Code, 1860, which may be compounded by the individuals listed in the third column of that table.

Yes, Section 320 provides for compounding offences. The compounding is at the discretion of the victim.

Section 320 cr.p.c. : The offences punishable under certain sections of Indian Penal Code, may be compounded by the persons mentioned  by the persons competent 

(4) (a) When the person who would otherwise be competent to com- pound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may, with the permission of the Court, compound such offence.

(b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908 ), of such person may, with the consent of the Court, compound such offence.

Therefore it is compounding of offence and not compromise

Application for Compounding of offence under 320 Cr PC

Format of application for compromise under section 320 of Criminal Procedure Code.

IN THE COURT OF _______________ JUDGE AT _______________
CRIMINAL COMPLAINT NO _________ OF 20__

IN THE MATTER OF

STATE OF __________                                                       Complainant

VERSUS

Mr. ____________________

_______________________

_______________________                                                    Accused

Under Section __ of IPC

P.S.______________

Last Date of Hearing: ____________

Next Date of Hearing : ___________

APPLICATION UNDER SECTION 320 OF CRIMINAL PROCEDEURE CODE

MOST RESPECTFULLY SHOWETH:

1. That the above mentioned case is pending trial before this Hon'ble Court and the same is fixed for _____.

2. That accused is facing trial under section ____, ____ of Indian Penal Code on the basis of Complaint given by the Complainant.

3. The case was initiated on FIR filed by the Mr. _____________ Resident of __________________. That on intervention of mediators and well wishers, the accused has been pardoned by the Complainant and both the Complainant and accused have reached an amicable settlement of the matter, agreed and prepared to compromise the case.

3. That the compromise would save future and career of the accused and it will promote a good relationship between them.

4. That this application is being moved jointly by the Complainant and Accused. The Compromise Deed between the accused and Complainant is annexed as Annexure A.

5. That it is a fit case where this Hon'ble Court may be pleased to grant permission to compromise and compound the case under Section 320 of Cr. PC.

PRAYERS

In view of the aforesaid facts and circumstance of this case, it is most respectfully prayed that the Hon'ble court may be pleased:

1. To allow the parties to affect the compromise and acquit the accused in the interest justice;

2. To pass any other or further order (s) as this court may deem fit and proper in favour of applicant, in the interest of justice.

APPLICANT

THROUGH

____________ADVOCATE

Place:

Date:

IN THE COURT OF _______________ JUDGE AT _______________
CRIMINAL COMPLAINT NO _________ OF 20__

IN THE MATTER OF

Mr. ____________________                                                   Complainant

VERSUS

Mr. ____________________                                                    Accused

AFFIDAVIT

I ______________________ ____ years, S/d/o. _________________ R/o. ____________ ______________ _____, do hereby solemnly affirm and declare as under:-

1. That I am the accused in the present case and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.

2. That the accompanying Application has been drafted by my counsel under my instructions and the contents of the same have been read over and explained to me in vernacular and the same are true and correct. That the contents of the same may be treated as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION
Verified at ___________ on this __ day of ____. 20__ that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT