Ipc 294 and 279
jitendra
(Querist) 29 December 2017
This query is : Resolved
Me and my frnd was travelling in my car in crowded area, when a car in front applied sudden brake and even after i applied brake , my car hit the car in front . And at the same time, someone from behind hit my car.i got out to check if the persons in front are ok or not. When i approached the car , no one was injured, however the lady inside started blaming me for the accident and started argument. Since the plave was crowded , people started blowing horn. So i requested the lady to take the car in side and then discuss. I took my car out of crowd and park it around 50 mtr from the place of accident and waited for 10 min.. But she didnt come. So i headed for my destined place thinking the matter is resolved. Because it was just the matter of insurance claim. But after ine half year i received a call from police station regarding the complaint in the same case.
when i reached the police station, i came to know that the lady has pressed charges against me under IPC 279 and 294. I left my car in the police station and filed bail.
Now i want advice on what should i do next .whether i should file counter case against the lady or should i just accept the charges and pay the fine?. And if i file the counter case what are my chances? Or if i accpet the charges would the case be resolved just after that ?
Kindly reply as early as possible .
Vijay Raj Mahajan
(Expert) 29 December 2017
If you have witnesses to the incidence where you feel the mistake was of the lady than you lodge counter complaint against the lady, if not than compromise and pay fine in the court when case comes up there and move ahead. S 279, 294 IPC are not compoundable offence and compromise is best solution by paying fine in court .
Guest
(Expert) 29 December 2017
Very simple, hire a lawyer to first defend your case and during that course get his advice on whatever issue you want. Even otherwise also, if someone advises you at this site, again your will have to take help of some lawyer. You lawyer may or may not agree on the mix-up or contradictory types of advice of the experts of LCI.
Otherwise, get the case compounded, if she agrees. Failing which, only you may be at the receiving end, may or may not be on account of sec.279, but on account of sec.294, after all she is a lady, as you may be assumed to have been chasing her, then hit her car from behind and then singing sweet songs or making objectionable remarks on her that too at a public place and finally you fled from the scene just to avoid kicks and bats from the public.
While trial of case would be quite costly as compared to compounding, imprisonment may prove to be immensely costly, mentally, monetarily, physically as well as socially.
Rest depends upon your own wisdom or your lawyer's sweet will.
Sankaranarayanan
(Expert) 29 December 2017
As suggested by Mr. Jigyasu, you approach a lawyer in your place and proceed further
jitendra
(Querist) 30 December 2017
thnks for your prompt response ...now my doubt is that whether i would be free of all charges and the trial would end, if the lady agrees to the compromise. Or i would still have to go to trial .
P. Venu 
(Expert) 30 December 2017
The police are just investigating; cooperate with them. It could be that they would find there is no substance in her complaint esp. the offence as to Section 294.
The facts posted do not suggest any ingredients for a counter case.
Kumar Doab
(Expert) 30 December 2017
Since the cars collided and there were altercations/arguments you had the option to call police/your own LOCAL lawyer and close the matter satisfactorily.
Your friend travelling in your car is your witness if he agrees to appear. Some other witness, evidence could have helped.
Your own LOCAL lawyer that has gone thru your inputs, charges pressed, investigation, evidence on record etc can advise you the best, in your interest.
Isn’t it!
Dr J C Vashista
(Expert) 01 January 2018
I endorse the expert opinion and advise of Mr. Jigyasu, consult a local lawyer and make an attempt to convince the complainant for amicable settlement and compounding of the offence(s).
Kumar Doab
(Expert) 02 January 2018
What is the opinion of your own counsel!
