lawuser2 25 July 2017

How to proceed when a complaint is lodged under sec 279/338

I met with an accident a few weeks back and a bike rider was injured. They have lodged a complaint against me for insurance. Now they are ready for out of court settlement. I understand sec 338 is compoundable but 279 isn't. Chargesheet isn't submitted the court yet.

1) Can you please advise how to proceed?

2) Since they are open to settlement, can I submit a request in high court to quash FIR and close the case? (I heard high courts usually don't quash sec 279, is that true?)

3) Will it affect my career/life if I plead guilty under 279? My profession (private company) sometimes requires traveling to other countries, will it affect visa process?

4) If it's possible to settle this out of court, what all should I note while making an agreement with them? Like, should we ask them to sign on a stamp paper document?

Thanks in advance.

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4 Replies

Raveena Kataria (Advocate ) 25 July 2017

In my opinion, since you said that the other party is ready for settlement, as to section 279 under IPC, you can opt for plea bargaining u/s 265 of CrPC, in which provisions have been laid down to come to settlement terms with the victim. Once you have compensated the victim, in my opinion, your record will not be affected.

Gazanfar Safdar 27 July 2017

you are saying right

Anil Kumar kamboj Delhi M-9650 ( Delhi Free Legal Advice And Aid ) 28 July 2017

Since the above offences are compoundable in nature, so both of you may compromise if the term are according to favourable to u or if not, u may proceed the matter to prove the your case if u have falsely implicated by the police Authority