Query for case filed under IPC 279/338.

Querist : Anonymous (Querist) 02 June 2011 This query is : Resolved
Hi,

I met an accident in December. Acutally I was driving my car on leftmost lane at around speed of 30kmph. Suddenly a Bus from middle lane that was at high speed tried drive toward left lane and came too closer to me. To avoid accident with Bus I tried to take my car toward left. Still Bus rubbed me from Right side. My right sideview mirror was broken and there were scratches and dent on the right hand side.
In affect to save me and my family from coliding with Bus due to negligence of bus driver I hit with a cyclist who driving very close to the barriers on the left hand side. The road was descending from a bridge\overbridge and the accident took place when car was descending down at decent speed. The car as a result also collided with divider and there were dent on left hand side fender. Since the speed of the car was low there was not injuries to people inside the car. But the cyclist who caught between the car have his leg fractured and hostpitalized. Since I saw a person getting hit by my vehicle and injured I tried to jump out of car to help him and hence missed to note the registration number of the bus. I had visited the victim at hospital to check if everything was fine. Now a case has been registered againt me u\s 279/338 indicating that due to my negligence driving the person has beeen injured. The inspection report of vehicle suggests impact on right hand side. As challan for criminal case has been filed I am thinking of following options.
1. Try to settle with injured guy out of court and then request judge to close the case as the complainent has nothing againt me. But I can find that sec 279 is not compoundable. Is there a way out to get out of case getting aquittal. As conviction in the case may have adverse effect in getting visa(US)and also my future job. I work for IT company and can see few company laid conditions during hiring process that person don't have any criminal case. The MACT case is seperately under progress and I am hopefull that the injured person will get required compensation from my Insurer as I had valid license on the day the accident was reported.
2. Persue the case in court and try to get aquital by hiring a good lawyer. The problem with this approach is that currently I am in Delhi and about to move to mumbai due to my job. It will be very difficult for me to persue the case.
Could you please suggest the best speedy approach to get out of the case with a aquital.
Thanks in Advance.

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Arif Iqbal (Expert) 02 June 2011
You can file a petition for your representation by your lawyer u/s 205 Cr.P.C. In that case you need not to attend before the Court on each and every dates fixed in the case.

There is no other way out of the case.

PALNITKAR V.V. (Expert) 02 June 2011
you can get out of clutches of sec. 338. but you have to fight for acquittal from 279. However once you submit a compromise to the court, the magistrate, in all probabilities, will hear your case on priority basis. Besides, as suggested by Mr. Arif Iqbal, your lawyer can conduct the case in your absence.

Querist : Anonymous (Querist) 03 June 2011
Thanks for the quick reply.
I have another,Now since my Car is involved in accident it has been released on Superdari. Now since I have to move from Delhi to Mumbai, is there a way that I can take NOC and then register vehicle in my own name in mumbai. Is there some law that can allow me to do so or I have to wait till the case is dispensed.
I understand as per existing traffic laws I have to register and pay road tax to the new area where CAR is moved in order to drive. Also in Superdari it was mentioned that I have to present car is the court whenever asked to do so. It will be very difficult to do so once the vehicle is moved to mumbai from delhi. Is there a way out for this too.

lingraj maradi (Expert) 03 June 2011
sir,

your case is full of merits and one more thing the section u/s 279 and 338 of CPC are compoundable even though your case is merits in my opinion you consult your advocate and fight this case.

PALNITKAR V.V. (Expert) 04 June 2011
Dear Mr. Lingraj offence u/s 279 IPC(Not CPC) is non compoundable.

Query for case filed under IPC 279/338.

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