Application for Compounding of Offence: Section 359 BNSS and Section 320 CrPC Format

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

IN THE MATTER OF:

STATE / COMPLAINANT: __________________________

Complainant

VERSUS

Mr. __________________________
_______________________________
_______________________________

Accused / Applicant

Offence / BNS Sections: __________________________

Police Station: _________________________________

Last Date of Hearing: ___________________________

Next Date of Hearing: ___________________________

Joint application under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for compounding of offence

MOST RESPECTFULLY SHOWETH:

1. That the above-mentioned case is pending before this Hon'ble Court and is presently fixed for __________.

2. That the accused is facing proceedings for the alleged offence(s) under Section(s) __________ of the Bharatiya Nyaya Sanhita, 2023 / other applicable law.

3. That the case arose from FIR / complaint dated __________ lodged by __________________________.

4. That, with the intervention of family members, mediators and well-wishers, the parties have voluntarily resolved their differences and have arrived at an amicable settlement without force, fraud, pressure or undue influence.

5. That the complainant / person competent to compound the offence has no objection to the lawful compounding of the offence and to the consequential order in favour of the accused.

6. That the compromise deed / settlement executed between the parties is annexed herewith as Annexure A.

7. That the offence is compoundable under Section 359 BNSS and, where required, the parties respectfully seek permission of this Hon'ble Court to compound the offence.

8. That allowing the present application would give effect to the voluntary settlement and serve the interests of justice.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(a) permit the parties to compound the offence(s), where permission of the Court is required under Section 359 BNSS;

(b) record the lawful compromise / composition between the parties and acquit the accused in respect of the compounded offence(s), in accordance with law; and

(c) pass such other or further order as this Hon'ble Court may deem fit and proper in the interests of justice.

COMPLAINANT / PERSON COMPETENT TO COMPOUND

ACCUSED / APPLICANT

THROUGH COUNSEL

________________ ADVOCATE

Place: __________
Date: __________

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

IN THE MATTER OF:

______________________________

Complainant

VERSUS

______________________________

Accused

AFFIDAVIT

I, ______________________, aged about ____ years, S/o / D/o / W/o ______________________, resident of ________________________________________, do hereby solemnly affirm and state as under:

1. That I am the __________________ in the above matter and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.

2. That the accompanying application for compounding of the offence has been prepared under my instructions and its contents are true and correct to my knowledge and belief.

3. That the compromise / settlement has been entered into voluntarily, without coercion, force, fraud, pressure or undue influence.

4. That I have no objection to the lawful compounding of the offence and to the consequential order that may be passed by this Hon'ble Court in accordance with law.

DEPONENT

VERIFICATION

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

DEPONENT