Section 279, 304A

Querist : Anonymous (Querist) 02 March 2018 This query is : Resolved
Hi. There was an incident with a relative. She had just started the car in the parking behind her office and within seconds of moving she was told that a kid had come underneath her car. She immediately picked up the kid who was crying and searched for the kid's parents. She found the father in 2-3 min and they took the kid to a nearby hospital. We as a family bore all the expenses but unfortunately the next day the kid passed away. The kid's family didn't want to press any charges but the police registered a case under section 279 and 304A. The language also used is that the car was driven at a high speed in a rash and negligent manner whereas the kar wasn't even at a speed of 5kmph. We further compensated the kid's family despite ourselves being unsure whether the kid had actually come underneath our car or not.

Anyways any suggestions or comments on the above case?

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Vijay Raj Mahajan (Expert) 03 March 2018
As the death of child occurred the matter became serious and these charges were levied.
The best compromise is if the parents of the child compensated and the trail judge takes their statement of not pressing charges against the accused under section 304A IPC, the amicable settlement between parties result in minimal punishment for the accused in the form of fine and imprisonment till the rising of the court.

Sudhir Kumar, Advocate (Expert) 03 March 2018
304A is cognizable offense and will be registered without complaint from parents. The defence depends upon the language used in the complaint and evidence taken.

Vijay Raj Mahajan (Expert) 03 March 2018
The suggestion I have given is based on one of similar case which I handled for my client in Delhi court where a child suffered accidental death charges under 304A, 279 IPC were framed against the accused. Rest how the trail judge in this case takes up the case and how the Public Prosecutor cooperates with the disposal of the criminal complaint case at earliest has to be worked out by the counsel of the accused.

Kumar Doab (Expert) 03 March 2018
AQ so NO reply……………

Kumar Doab (Expert) 03 March 2018
Pls post with your ID and you can get many replies………Your ID does not mean your name or phone number or email Id and don’t post these…
Post your full query in one new thread with your ID…….

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