Question

What are some examples of cases that are settled outside of the court? I know the pros of settling are low cost, low risks, no criminial records etc. Please give some examples of cases (personal injury, tort?) that the JUDGE would recommend the plantiff to settle outside of the court? And the reasons for doing so?

Answer 1

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.

The list of the criminal cases which can be settled out of court is listed below:

Offence	IPC	Can be settled with
Uttering words, etc., with deliberate intent to wound the religious feelings of any person.	298,	The person whose religious feelings are intended to be wounded.
Voluntarily causing hurt.	323	The person to whom the hurt is caused
Voluntarily causing hurt on provocation.	334	Same as above
Voluntarily causing grievous hurt on grave and sudden provocation.	335	Same as above
Wrongfully restraining or confining any person.	341	The person restrained or confined.
Wrongfully confining a person for three days or more	343	Same as above
Wrongfully confining a person for ten days or more	344	Same as above
Wrongfully confining a person in secret	346	Same as above
Assault or use of criminal force	352,355,358	The person assaulted or to whom criminal force is used.
Theft	379	The owner of the property stolen.
Dishonest misappropriation of property	403	The owner of the property misappropriated.
Criminal breach of trust by a carrier, wharfinger	407	The owner of the property in respect of which the breach of trust has been committed
Dishonestly receiving stolen property knowing it to be stolen .	411	The owner of the property stolen.
Assisting in the concealment or disposal of stolen property, knowing it to be stolen	414	Same as above
Cheating	417	The person cheated.
Cheating by personation	419	Same as above
Fraudulent removal or concealment of property, etc., to prevent distribution among creditors.	421	The creditors who are affected thereby
Fraudulently preventing from being made available for his creditors a debt or demand due to the offender.	422	Same as above
Fraudulent execution of deed of transfer containing false statement of consideration.	423	The person affected thereby.

In case of civil suits, out of court settlement can be brought at any stage of the suit. The only requirement to formalise the settlement is a compromise Agreement in Civil Cases.

The complexities arises in criminal cases. But the same is settled by the new guidelines issued by the Supreme Court. In case of compoundable offences, court permission is not required. But when there is compromise between the parties or out of court settlement in non-compoundable offences, prior permission of court is required. Although court holds a discretionary power to cancel the settlement anytime.