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Sumiteshwar Choudhary (lawyer)     12 September 2009

can FIR be quashed u/s 304A in collusion with complainant

 Experts please help me urgently. I need to move Petition for quashing of an FIR u/s 304A in which a boy aged 16 years died due to an electric shock caused in a religious journey rest camp with a fan. Supervisor of the camp has been named accused in the FIR ,now camp management wants to settle the matter with complainants( deceased's parent) and they have agreed for a compensation. Now should be go for quashing jointly with the complainant versus state or through accused vs state and the factum of compensation should be stated or not.



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 4 Replies

G.Balakrishnan (Legal &Financial consultant)     12 September 2009

Sir,

I am a junoir advocate, when i consult with my collegaue, he informed if you are going for quash FIR you have to mention compensation amount in your statement.Please check at your end also.G.Balakrishnan,Madurai

Arun Kumar Sngh (Sr. RTI Consultant )     11 December 2011

Whether FIR registered U/S 304 of IPC can be quashed by Respective High Court where intention to inflict injury/death the key ingredient is violating and missing with respect o incident.if yes what is the procedure to initiate such proceedings, and finally whether it is time consuming or disposed on priority etc.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 December 2011

Quashing can be applied by both the parties Vs State.

 

Mention the agreement terms.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     16 December 2011

better to appear both the parties in court where case is going on and ask the judge for the said compromise, then judge may also close the case.

Or in the alternate,

ask the witnessess and parents not to put thier eveidence agsint the accused person and you will be out of this problem. coz in 304 cases, it is not compoundable offence hence quashing will not be possible in high court.

Good luck.

adv.kamal.grover@gmail.com


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