Motor accident.
Dhawal
(Querist) 18 February 2019
This query is : Resolved
Hi,
Recently my friend was involved in a car accident. An F.I.R. is registered against my friend. All the people who are involved in the accidents as victim's are ready to give their consent to withdraw the case. The charges pressed against her are under 89/19
279,337 IPC and 180, 184(3), 181(5) mv act. I have few questions in this matter.
1) Can she apply to quash the F.I.R in this case if the chargesheet is not prepared?
2) Can she apply to quash the F.I.R if the chargesheet is prepared.
Dhawal
(Querist) 18 February 2019
Please reapond
Suhail suhail
(Expert) 19 February 2019
The offences u/s 279, 337 IPC are not compoundable;
Dr J C Vashista
(Expert) 20 February 2019
Request the victim/complainant to get it compromised and compounded by mediation through your counsel.
Vijay Raj Mahajan
(Expert) 20 February 2019
Yes if a compromise reached between parties, the quashing petition u/s482 CrPC can be moved in the High Court along with compromise agreement. The Court can quash the FIR and proceedings there on irrespective that Charge sheet not yet filled by police in the court till date being satisfied of genuine compromise between the parties.
adv. rajeev ( rajoo )
(Expert) 20 February 2019
instead of applying for the quashing tell victims to turn hostile by appearing in the criminal case when case is fixed for their evidence
Hemant Agarwal
(Expert) 20 February 2019
Agree with all the above experts suggestions.
Better to stand for Trial and let the case collapse based on the victims negative statements.
Quashing application u/s 482, can be remanded back to the trial court, for expediting the matter, unless you file separate application for doing community service.
Keep Smiling .... Hemant Agarwal
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