Compromise in Criminal Cases: Section 345 CrPC, Compoundable Offences and Rules for Raazinama

By Justify.pk Editorial Team | Reviewed by Zeshan Haider Advocate | WhatsApp: 0300-0779014

Many criminal disputes in Pakistan end with the parties settling. Whether that settlement has legal effect depends on the offence and on the court’s involvement. A private understanding, or even a signed raazinama (راضی نامہ), does not by itself end a criminal case. This guide explains compounding of offences under section 345 of the CrPC, what a court will and will not accept, and the special rules for offences against the human body.

Quick Answer

Section 345 CrPC lists offences that can be compounded: some by the aggrieved person without the court’s permission (the first table) and others only with the court’s permission (the second table). Compounding has the effect of an acquittal of the accused. Offences not in the tables are non-compoundable, so a private compromise cannot end the prosecution, though it may be relevant to bail or sentence. Offences of qatl and hurt are governed separately by the qisas and diyat provisions of the Pakistan Penal Code (sections 309 and 310 PPC and related provisions).

Compounding Versus a Private Settlement

• Legally effective compounding is done by the person the law names as entitled to compound, before the competent court, in the manner section 345 prescribes.
• A private compromise outside court, a panchayat settlement, or a payment alone does not stop the State prosecuting a non-compoundable offence.
• Courts examine whether the compromise is genuine, voluntary and free of pressure or fraud.

How Section 345 Works

• Table I: offences that the persons mentioned may compound without permission of any court.
• Table II: offences that may be compounded only with the court’s permission. Examples include cheating (section 420 PPC) and criminal breach of trust (section 406 PPC), which are shown in the table as compoundable by the person affected with court permission. Read the table itself, because entries and persons entitled to compound are specific.
• If the person entitled to compound is a minor or otherwise incapable, a representative may do so with the court’s permission.
• When the case is on appeal or revision, the appellate court’s permission is needed.
• Compounding an offence has the effect of an acquittal of the accused.

Offences affecting the State or the public, or not listed in section 345, cannot be compounded under it. Always check the statute as it is currently in force, together with any amendments and recent judgments.

Qatl and Hurt: Qisas and Diyat

For murder and bodily hurt, the law of qisas and diyat allows the heirs of the victim (or the victim in hurt cases) to waive (afw) or compound (sulh) in return for diyat or badl-i-sulh. These provisions are in the Pakistan Penal Code, sections 309 and 310 and related sections. Even with compromise, a court may still award punishment under other provisions (for example ta’zir) where the public interest requires it, so a compromise does not always mean a complete release. A lawyer should assess each case.

Requirements for a Valid Raazinama

1. The compromise must be in writing, signed (or thumb-marked) by all persons entitled to compound, preferably with an affidavit.
2. The parties should appear before the court, be identified, and state that the compromise is voluntary and without pressure.
3. The deed should state the offence, FIR details, terms (payment, if any) and that the complainant has no objection to acquittal or bail as appropriate.
4. The court records statements and decides whether to accept it. Court permission is required for Table II offences.
5. Heirs, guardians and attorneys must have proper authority.

Limits and Cautions

• A compromise cannot be bought through threats or deception. Courts reject coerced settlements.
• For non-compoundable offences, courts may sometimes treat a genuine settlement as a mitigating circumstance, but they are not bound to grant acquittal.
• Terms to pay money should be recorded and honoured; breach may reopen disputes.
• Never conceal or destroy evidence or influence witnesses; that is itself an offence.

FAQs

Can an FIR be cancelled by compromise?

Only through the lawful routes. In a compoundable offence the court accepts the compromise and acquits. Otherwise the proceedings continue.

Can I compromise a cheque bounce or fraud case?

Fraud offences such as section 420 are listed as compoundable with court permission. Others require checking the statute; see our cheque bounce guide.

Who signs the raazinama in a murder case?

The legal heirs of the deceased, as defined by the qisas and diyat provisions.

Does compromise grant bail?

It may be considered by the court on a bail application but does not guarantee it. See our bail guide.

Is a notarised stamp-paper compromise enough?

No. The court must accept the compromise.

Legal disclaimer: General information on Pakistani law only, not legal advice. Statutes and judicial interpretations change; verify the current text of section 345 CrPC and consult a qualified advocate.