(Querist) 28 April 2009
This query is : Resolved
Need advice from experts on the following issue
Recently about a month ago on way to office had encountered a minor incident where someone(in car)wanted to overtake my car from left causing almost an accident which i reacted by not allowing him to overtake and driving slowly in the center of the narrow lane. The guy overtook and blocked the road right in front of my car before jumping out an kicking on my windshield and window glass. As an act of defence, i pulled out a plastic cost hanger in my car, opened the window and hit him on his hand. By this time, the road was blocked and hence the guy went his way and i too did the same.
I just realized 2 days back, that the guy had taken a doctor certificate on that particular day that his hand was hurt badly due to teh hanger hit, and filed an FIR under section 324 for which i was taken to station and had to be bailed out by family.
The police state, that the chargeseet would be filed in court and will try and ask the guy who complained to meet me to do a settlement.
Request your help on what are my options now Since i had not lodged a compliant that day thinking it was a minor road rage issue and more so since it was his fault
Will this FIR always feature against my name Is there any way that i could get this issue closed.
(Querist) 29 April 2009
Hi, Thanks and if the other person does not agree on a compromise what are the options.
adv. rajeev ( rajoo )
(Expert) 29 April 2009
All the learned members have rightly suggested u. If the other person does not agree then u will have to conduct the case. Panchans, eye wittneeses and IO will come. Ur case is very weak so dont worry about that. Once charge sheet will be filed, u go thru., that then u will come to know who are the eye wittnesses. Then accordings to ur advocate's advise u go.
(Expert) 30 April 2009
Dear friend, The best advise is that s. 324 is a compoundable offence, so try to settle it amicably. Further if the same does not occur, then during the trial file your cross complaint in the same case, and file an application u/s 156(3) requiring order of the magistrate to file an FIR against such person under various sections which you may better find in IPC as per under your favour. Further, in such a case, you may take plea of self defence, as the right of self defence commenced as soon as he got out of the car and kicked at your car's windshield. Whatever you done was done in the rage of self defence.
(Expert) 30 April 2009
if the complainant diagrees to compromise the case, follow advice of Mr.Manish. but u should diarise the entire incident with the police station, as soon as possible.otherwise ur case would weaken.
once an FIR is lodged it can not be withdrawn nor deleted and it will remain forever unless quashed by High Court.as the facts of your case appear to be one of non-cognizable nature, no FIR probably can be lodged against you.
a compoundable offence means an offence where the court declares that the offender is innocent without holding a regular fulllength trial generally if the victim no longer wants to proceed against the accused and wants him be acquitted.
(Querist) 30 April 2009
Dear All, Thanks a lot for all your opinion and views. It did help take off some stress. Thanks
I have one last query> Will that FIR always reflect against my name? and pulled up incase of any future incidents.
(Expert) 01 May 2009
well dear FIR will stand against u forever, u may or may not convicted out of the FIR case, but registration of FIR will not hamper ur character for the future unless and until u r convicted in the matter....though may be relevant under certain circumstances.
pls file cross complaint against the complainant.
pls consult some local lawyer as soon as possible for actual legal proceedings.