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279 ipc

(Querist) 26 September 2013 This query is : Resolved 
FIR is booked for 279 IPC. What is the best way to come out without pleading guilty so as no criminal record is made i.e. FIR is removed.

date of accident 29.07.2013 (FIR regd. on 20.08.2013) is it valid ?? can delay as a ground be taken as a defence??

is court bail required after getting bail from police in the same matter?
V R SHROFF (Expert) 26 September 2013
Details of Injury is important factor / for advise.
Was accident injured hospitalised? how many days? stitches??
Court bail reqd. CR? dt / is charge-sheet filed??
Sarvesh Kumar Sharma Advocate (Expert) 26 September 2013
There are so many points ! Wait for charge sheet ; and then see all the supporting documents filed by the police; as site plan the base of 279, if there is no evidence of negligence case not made out.
Sarvesh Kumar Sharma Advocate (Expert) 26 September 2013
There are so many points ! Wait for charge sheet ; and then see all the supporting documents filed by the police; as site plan the base of 279, if there is no evidence of negligence case not made out.
Dr J C Vashista (Expert) 26 September 2013
Court bail is required.
279 IPC is not the lonely section under which FIR has been lodged i.e., it has to be alongwith either 337, 338 or 304A IPC, which one has beeen slapped in your case?
Give detail of accident for proper reply/ advise/comments
abhishek (Querist) 26 September 2013
the details are.. that the accused hit the car standing ahead on a red light.. the car which was hit just got a scratch i.e a little paint was taken off on its bumper and no injuries were made to any human..the car of the accused which had hit had resulted in some loss i.e headlight got broken , and bumper was broken..it happened on 29 july..victim called pcr but accused left the spot as he had to rush urgently somewhere

So before leaving the accused gave the number to victim and told he will get it repaired but victim wants it repaired from the company on cash without claiming insurance and with some extra amount. after 20 days on 20 august an FIR was filed by police for the said matter.

now the matter has gone to court 2 days back.In the FIR only sec 279 IPC is mentioned. The victim (lady) alleged that accused had misbehaved but no section has been put in the FIR for the same.

on calling the victim for compromise the amount which was asked had been doubled by her. The pictures of both car are available with the police which clearly shows teh scratch is a minor scratch on the bumper.

charge sheet etc has not been filed yet.
V R SHROFF (Expert) 26 September 2013
DON'T WORRY.
INSURANCE Co IS LIABLE TO PAY FOR REPAIRS OF BOTH THE CARS.
abhishek (Querist) 26 September 2013
what should i say in the court?? that it was an accident or it was my mistake?
ajay sethi (Expert) 26 September 2013
go by your lawyer advise . it was an accident . no major damage caused to cars . dont bow down to blackmail tactics
Rajendra K Goyal (Expert) 26 September 2013
Nothing more to add.
Dr J C Vashista (Expert) 26 September 2013
Well advised, nothing more to add
Raj Kumar Makkad (Expert) 27 September 2013
Nothing remains to be added except an advice that don't be so worry about this simplest case.
santhosh.g. (Expert) 27 September 2013
. if delay in failing the fir is properly narrated it is not fatal to the case. if it is not so it is a valid defence. if don't want to plead guilty conduct the case. If there is no accusation directly to the accusation in the FIR you can file a quash petition before the high court u/s 482 cr.p.c
Sarvesh Kumar Sharma Advocate (Expert) 28 September 2013


@ Expert : Dr J C Vashista 9891152939
PRO CHAT CALL



"Well advised, nothing more to add"



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