Can settlement be done out of court in criminal case?


Make it sure you mention your clear intention of out of court settlement before the court.Under Order 23 Rule 1 of CPC when a suit is withdrawn for an out of court settlement, litigants are precluded from initiating fresh proceedings of the matter withdrawn.Out of court proceedings can be quashed by the court. Court can do this only under special circumstances.

In the following case, the parties opted for an out of court settlement. The settlement was later found out to be malafide. The parties filed a Civil Miscellaneous Appeal (C.M.P) to quash the settlement results.Out of Court Settlement in criminal matters

Criminal cases which are mostly concerned with private wrong can be settled out of court. These categories of offences are termed as compoundable offences. Therefore only compoundable offences can be settled out of court.

Offences arising from commercial, financial, mercantile, civil, partnership, relating to matrimony or dowry can be opted for out of court settlement.The court observes that the offence should not be of such grave nature to harm the society at large.

Arbitration as a mechanism of ADR is used mostly by corporate entities. Mediation is mostly used to settle matters relating to family disputes. Conciliation is a form of arbitration but it is less formal in nature. It is the process of facilitating an amicable resolution between the parties, whereby the parties to the dispute use conciliator who meets with the parties separately to settle their dispute.Neutral Evaluation is a new mode of ADR introduced in India in 2007

Reference: Section 81 in The Representation of the People Act, 1951
The Goa, Daman And Diu (Extension Of The Code Of Civil Procedure Andthe Arbitration Act) Act, 1965
Section 86(1) in The Representation of the People Act, 1951
Section 83 in The Representation of the People Act, 1951
Section 86 in The Representation of the People Act, 1951



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