Compromise in a Criminal Case in Bangladesh: Compoundable Offences and the Aposhnama

In this guide: Three kinds of offence · Writing the aposhnama · If they file another case · Compromise and legal aid

The short answer

Compounding means the victim agrees to settle and the court records an acquittal. Section 345 of the Code of Criminal Procedure lists which offences can be compounded. Examples include offences under Penal Code sections 323, 341, 500 and 504. These may be compounded by the person specified in section 345(1), subject to the section’s conditions and its requirements for court permission or leave. Offences in section 345(2), such as cheating (420) and criminal breach of trust (406), can be compounded only with the court’s permission. Offences not in either list cannot be compounded at all, however willing the parties are.

A complaint case can also end if the complainant withdraws before the final order (section 248), with the court’s permission.

Three kinds of offence

Court permission is never safe to assume away. Even for a section 345(1) offence, permission is needed where someone compounds on behalf of the person entitled, for example a minor (s.345(4)), and leave is needed once the accused has been committed for trial or an appeal after conviction is pending (s.345(5)).

One addition from 2026: a cheque dishonour case under section 138 of the Negotiable Instruments Act can now be compounded at any stage, under the Negotiable Instruments (Amendment) Act 2026. If the drawer pays and the payee agrees, the court records the settlement and the case ends; it no longer has to run to judgment.

Writing the aposhnama

1. Case number, court and the sections charged.
2. Names of the complainant and the accused, with NID numbers.
3. The terms: amount paid or to be paid, dates, what each side withdraws.
4. A statement that the compromise is voluntary, without force or fraud.
5. Signatures of both sides and two witnesses; the lawyers’ signatures help.

File it with a joint petition. Ask the court to record the compromise in its order; that order is your protection later.

If they file another case

A compromise recorded by the court binds the parties to that case and is strong evidence against a fresh case on the same facts. Your lawyer can use it to seek dismissal, or to ask the High Court Division to quash the new case under section 561A as an abuse of process.

Compromise and legal aid

Some disputes, such as dowry demands and family matters, now go to pre-case mediation at the District Legal Aid Office in districts where the scheme is in force. A settlement reached there is written down and signed before the mediator.