Ipc 337,338

Mr.Mathur,

I do not know exactly what do you mean by out of court settlement ? If the complainant has agreed not to pursue the case in lieu of monetary compensation from your side, then reduce the agreement into writing, and don't pay until the complainant co-operates with you  -in the quashing of FIR, there is no possibility that the matter is ended at the police station level - you'd have to go to the High Court of the state for the matter to end. The offences involved therein are 279/337 - which are not compoundable meaning thereby - cannot be settled out of court - hence you would have to approach the High Court for quashing the case against you.

Consult a good lawyer, otherwise things may get messy - you might end up paying but would still may face trial. 

Thanks for reply and suggestions.

Yes, We have taken in writing that this is a full and final settlement from complainant side and that they have no problems with the me anymore.I  have paid them by demand  draft. I paid things from my my pocket since third party insurance unavailability at the day of accident.

I have discussed with few lawyers and all suggests that since third party has agreed case can be closed in a day hearing and I dont have to worry about. But different people have different suggestions :(.

Is there any norm that FIR can be withdrawn if the complainant has agreed and chargesheet is not yet filed.I think no.

Thanks in anticipation.

 

FIR can not be withdrawn. As suggested by Bharat, you have to go to HC under section 482 for quashing of the FIR. 

no fir cannot be withdrawn seek quash from high court as the  more the time pass the complainant may back out and not cooperate in future seeking further compensation. The cases are state versus you after fir so cant be diluted with this agreement.

Thanks alot to all for replies.

I still have a query my lawyer has suggested that we will plead guilty infront of the court since we have not logged a FIR and the case will be closed in one hearing with a fine for 4000 Rs fine. I also wanted to know wehn a person is imprisonment is case with IPC 279,337,338.

 

Mr.Mathur,

Pleading guilty has a lot of implications. It records conviction. It is not an exoneration, and conviction can be a blot on your future prospects. Go in for quashing.

I am told that if the chargesheet is not prepared the complainant can take back the fir in lieu of monetary compensation At the police station. Does police station have this much power and Is it legal to get this done? Asking this question since my lawyer didnt tell that this is possible.