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sanjeet (Software Engineer)     07 April 2010

Accident FIR lodged

Hi,

 

5 months back one accident happened between my car and Honda Activa near a junction when i was taking a right turn, a speeding Activa dashed my car from the right side while my car had almost  crossed the right turn.

Now the person riding on the 2 wheeler has got  injured and police has filed an FIR of section 279,337 and 338. But the other party is now insisting on outside settlement; which we did in the form of notorised affidavit in the prsence of one lawyer. Also it is to be mentioned that police is yet to file the charegesheet.

Can somebody plz tell if the FIR registered can be withdrawn or cancelled by the other party? Also how to quash the FIR if required. Plz share the expert opinion on this.

Regards



 7 Replies

Kiran Kumar (Lawyer)     08 April 2010

for quashing the FIR you will have to approach the High Court, certainly on the basis of compromise.

 

in 2009 hon'ble SC allowed quashing on compromise basis in a case involving offences mentioned by you.


(Guest)

No need to go to High court.  Being a compoundable offence, the magistrate has got the power to compound the offence and acquit the accused on the basis of compromise deed between the complainant and the accused.

Kiran Kumar (Lawyer)     08 April 2010

is Section 279 IPC compoundable?????


(Guest)

Mr. Kiran, Sorry and thanks.

Dharmesh Manjeshwar (Advocate/Lawyer)     09 April 2010

279 is not compoundable ... 337 and 338 are compoundable with the permission of the court ,,,,,

279 draws a punishment of imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Maybe if you plead guilty and put across the fact to the Magistrate about the settlement ... U could get away with being fined ... but this is a chance ... a local advocate practising in the same court could tell u more about how the Magistrate presiding in court feel about such matters and how he deals with it ...

Tarang Mathur (Software Eng)     29 February 2012

Mr Kiran and Mr Dharmesh,

I am stuck with IPC 337,338. I have done an out of court settlement with the complaining party is there a possibility of closing the case at police station level and if I have to go to court what is the probability of fine or punishment 

Daim (ddnsm)     31 July 2013

Hi 

21st of  July  late night ko mai bike chala raha tha western higway pe .santacurze me police ki naka bandi thi mere bike k peper clear the to mai waha se nikla to police ne mujhese kuch sawal nai ki unhone mujhe unke police stn pe le k gaye or fake fir banaye or zaberdasti case banai 279ipc or336 ipc ka sir mai bola unko mai kuch nai kiya to wo bole hame upper se order ahya hai case banane ko or meri bike wahi pe hai or mere ghar pe sab tenstion me hai pz help me mai kya karu sir mujhe kuch knowlege nai hai sir mai student hu plz help


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