COMPROMISE DEED TO BE MADE PRE FIR FILING

635 votes

A settlement deed before registration of FIR is legally permissible, but its effectiveness depends on the nature of the offence. If the offence is compoundable, parties can settle and close the matter. However, for non-compoundable offences, even if a settlement is executed, the FIR can still be registered, and quashing would require approaching the High Court under Section 482 CrPC. Therefore, first ascertain the nature of injury through MLC/report, then evaluate whether the offence is compoundable. Settlement can still be useful as a mitigating factor or for quashing, but it does not automatically prevent criminal proceedings in serious offences.

Advocate Madhvi Chopra LawRato

843 votes

Whether the injury is “minor” or “major” is not decided by lay understanding but by medical and legal classification under the Indian Penal Code, 1860. In law, simple injuries (generally falling under Sections 319–323 IPC) are those which are not serious, do not endanger life, and heal without permanent damage. These are usually bailable and compoundable offences, meaning parties can settle the matter legally, even before or after FIR, with or without court permission depending on the section. On the other hand, grievous injuries (defined under Section 320 IPC—such as fracture, disfigurement, loss of limb, etc.) are treated more seriously. Offences like Section 325/326 IPC are either non-compoundable or require court intervention, and private settlement alone does not automatically close the matter. You can enter into a settlement deed before filing an FIR. In case of simple offences, such settlement is legally recognized and can prevent escalation of dispute. However, if the allegations disclose a serious/non-compoundable offence, the police can still register an FIR, and even if parties settle, the matter would require quashing by the High Court under Section 482 CrPC. Therefore, first obtain the medical report (MLC) to determine the exact nature of injury. If it reflects simple injury, settlement is straightforward and advisable. If it reflects grievous injury, settlement is still possible but will require proper legal steps and court intervention for final closure.

Advocate Yuganshu Sharma LawRato

557 votes

Settlement deed is possible if it is done before lodging of the FIR. Once FIR is lodged, you'll have to go for quashing before the HC on the grounds of Settlement. This is just a prima facie response based on the information provided by you and is subject to further information, if any.

Advocate Garima Sharma LawRato

599 votes

whether the injury is simple or grievous depends on the medical certificate made at the time of the incident. if no fir was filed by the police at the time of the incident. chances of getting an fir registered now are very slim. in any case if an fir is registered, it can be quashed after parties settle the matter.

Advocate Kunal Seth LawRato

983 votes

Hi there, in order to determine that please provide the details of the issue between the parties to settlement. Based on the above mentioned information it can be determined if settlement is allowed or not. Therefore, it's advisable to contact me and provide requisite details to assist you.

Advocate Ishan Parashar LawRato

665 votes

Compromise Deed is definitely possible, however for the same you need to provide context with regards to the actual crime that has been committed Accordingly a quashing petition may be drafted The same shall ensure that unnecessary litigation is prevented

Advocate Shambhavi Sharma LawRato