Dear Members,
This is a case of road accident death of a 65 year old pedestrian meeting with an accident with a car. The chargesheet is yet to be filed and the driver is out on bail. The victim's son/family is ready for a compromise for a said financial consideration as they are also aware that thier case is weak.
One legal opinion that we have got is that basis the compromise we can file for a quashing of the fir/case as per sec 482 in the High court and that there are precedence of High Court quashing the 304A case on the basis of compromise achieved between the parties in financial terms and the same being recorded in the court. ( Even though 304A case is not compoundable).
Queries are
a. What are the factors which the learned High Court looks for in deciding whether or not to quash the case under 304A given that financial compromise have been reached between parties
b. In case the quashing doens't happen does it have an adverse effect on the proceedings in the trial court of the said case
c. Does quashing equates conviction or acquital?
d. Is going for a quashing application advisable or should we face the trial even though compromise has been reached between parties out of court
Thanks in anticipation for your help.
