Bombay High Court Allows Lawyers Collective's Plea For Opportunity To File FCRA Compounding Application

  • Bombay High Court Allows Lawyers Collectives Plea For Opportunity To File FCRA Compounding Application
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    The Bombay High Court has allowed the Lawyers Collective an opportunity to file a compounding application in relation to the offence under the Foreign Contribution Regulation Act, 2010 (FCRA). The Court observed that once the requirements under Rule 21 of the FCRA Rules, 2011 are complied with, the right to seek compounding cannot be denied.

    Justice Milind N. Jadhav was hearing an interim application filed by Lawyers Collective in proceedings seeking quashing of an FIR registered by the Economic Offences Wing, Mumbai, in relation to offences under the IPC, FCRA and Prevention of Corruption Act. After investigation, the allegations under the IPC and Prevention of Corruption Act were dropped and the chargesheet filed before the trial Court concerned offences under the FCRA.

    The applicants submitted that the allegations in the chargesheet were restricted to offences under the FCRA which were compoundable. They sought the email ID of the Secretary, Ministry of Home Affairs and details of the portal through which they could electronically file the compounding application as well as make online payment of fees for compounding.

    The Court noted that the only charge against the applicants was under Section 41 of the FCRA and, in view of Rule 21 of the FCRA Rules, a valuable right accrued to them for seeking compounding of the offence.

    “… considering the provisions of Rule 21 of the FCRA Rules 2011, I am of the opinion that once the said Rule has been complied with and most importantly in view of the only charge against the Applicants being that under Section 41 of the FCRA, then a valuable right accrues to the Applicants for seeking compounding of the said offence, which cannot be denied,” the court remarked.

    The Court observed that the applicants had paid or were ready to pay the compounding application fee of ₹3,000, but required access to the FCRA portal to create a user ID and password and make the online submission and payment. The applicants had also expressed their willingness to file the application and pay the fee offline if online payment was not possible.

    The Court accordingly allowed the interim application and directed the Secretary, Ministry of Home Affairs, Foreigners II Division (FCRA Wing) Monitoring Unit, to provide the email ID/website where the Applicant can make an application for compounding of offences.

    The Court further directed the concerned Trial Court to hear the compounding application as expeditiously as possible and preferably within four weeks from the date of filing.

    The writ petition seeking quashing of the criminal proceedings was directed to be listed on October 29, 2026.

    Case Title: Lawyers Collective v. Union of India [Interim Application No. 4120 of 2025 in Writ Petition No. 3841 of 2025]

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