Civil Procedure Code (CPC)

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compromise in 304-a,279

(Querist) 24 September 2009 This query is : Resolved 
sir ,accused driver killed 26 years old man while driving.FIR was registerd and now Challan (173 CRPC)hve been presented in court.
the brother of deceased is complainant he agrees to compromise and to get 2 lac from accused (my client)
now though the offence is noncompoundable does the FIR can be quashed at High Court u/s482 crpc.
pls provide my the authorities in suppport of it.
further sir pls tell me that in case compromise is made out does i have to mention the amount in the compromise which will be presented before high court pls guide me about the compromise deed how it will be drafted,only few guidlines so that i may develop itriven
Sukhija (Expert) 24 September 2009
Hi Rajvinder Singh
u will have to fight the case and get acquittal as the offence is not compoundable.U can pay compensation to complainant.riven
Sarvesh Kumar Sharma Advocate (Expert) 24 September 2009
Dear Rajvindeer ji,
as you alredy wtire that the offence 304A is noncompoundable under the shedule list u/s-320cr.p.c.,so better you get the bail from court or u r alredy on the bail then on the time of trail file fect witness in yr fabour.riven
Ravi Arora (Expert) 24 September 2009
Yes this is the right procedure as said by brother sarvesh, but don’t pay the amount before his statement in the court. And if your vehicle is insured than no need of paying compensation from your end he will get it from insurance company t is right procedureriven
Raj Kumar Makkad (Expert) 27 September 2009
Agreed with Sarvesh and Ravi arora.
Sachin Bhatia (Expert) 10 October 2009
You have to strongly defend the case, if your vehicle is insured than no need of pay the compensation he will get it from insurance company.


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