
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
FORMAT OF COMPROMISE AFFIDAVIT
IN THE COURT OF ____________, ____________
IN THE MATTER OF: ____________ Vs. ____________
FIR No. ________ Dated ____________
U/S: ____________ IPC
P.S. ____________, ____________
COMPROMISE AFFIDAVIT
Sir,
The following compromise has been effected between the parties:
1. That the above-mentioned case is pending before this Hon'ble Court and fixed for ____________.
2. That the complainant and the accused have arrived at a compromise in the presence of respectable members of the society; and according to the compromise, the complainant/injured does not want to proceed against the accused.
3. That the above-noted compromise has been arrived at without any pressure or coercion.
It is, therefore, prayed that in the above-noted case the compromise may kindly be accepted and taken on file in the interest of justice.
Dated: ____________
COMPLAINANT
____________ s/o ____________
R/o ____________
ACCUSED
1. ____________ s/o ____________
2. ____________ s/o ____________
WITNESSES:
1. ________________________
2. ________________________
This is a court filing in the form of a sworn affidavit used to notify a judicial officer of a settlement. It contains specific placeholders for the FIR number and the Police Station (P.S.) involved. It is not a settlement agreement itself but rather the procedural instrument used to present that settlement to the court.
Use this when a criminal dispute has been resolved out of court and the parties need to inform the magistrate to close the file. Use a Petition for Quashing of FIR if the matter is being moved specifically to a High Court under different statutory powers.
| Clause | Name | What it does |
|---|---|---|
| 1 | Case Status | Identifies the specific FIR number and IPC sections involved in the pending court case. |
| 2 | Compromise Terms | States that the complainant and accused reached a settlement in the presence of respectable society members and wish to stop proceedings. |
| 3 | Voluntary Nature | Confirms that the settlement was reached without any external pressure or coercion on either party. |
| It is, therefore, prayed | Prayer | Requests the court to accept the compromise and take the affidavit on file in the interest of justice. |
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A compromise affidavit for filing before a criminal court in India, by which the complainant and the accused record that they have amicably settled a pending criminal case (arising from an FIR), and the complainant no longer wishes to proceed against the accused. It states that the compromise was reached voluntarily and without coercion, and prays that the court accept it. Note: a criminal case can be settled this way only where the offence is compoundable under law (section 359 of the BNSS, 2023 / formerly section 320 CrPC); for non-compoundable offences, the matter usually requires the High Court's intervention to be quashed.