bklawnlegal (Associate Advocate) 12 July 2011
Sir i would like to now if there is any compromise possible between the accused and the victim, if the accused is charged under sections 287/338 of IPC. The victim is still working as an employee in the accused' factory after he met with an accident while working there. The victim has no further allegations against the accused and has got all the available under law. Can FIR against the accused be quashed and how?
venkatesh krishna (advocate) 12 July 2011
an F.I.R.can be quashed during any material irregularity occured in registering a case; the injury caused to the victim is due the negligence of the victim or the victim overruled the restrictions placed in the work place a quashing of F.I.R. is possible .
In the same time the compromising with the victim ; if the victim turns to the invetigating officer and reports that the complaint given by him is vague one and the accused is no way related the F.I.R. can be refered by the police officilas.
venkatesh krishna
advocate
bklawnlegal (Associate Advocate) 12 July 2011
Sir thank you so much for the information.
Sajeev Menon (Legal Consultant Dubai 00971 508836442) 12 July 2011
Section 287 and 338 are the common offences charged in such cases. You can file a compounding petition before the concerned Magistrate court to settle the case but it is not advisable to change your statement by being hostile yourself because if the negligence alleged on your side the quantom of your claim/compensation will be reduced or sometimes it will be opposed by the insurance company.
Rajarshi Bhowmik (advocate) 12 July 2011
totally agreed with with the comment of sri SANJEEV MENON
THANKACHAN V P (Advocate & Notary) 15 July 2011
I think 287 is not compoundable.Then after the recording of plea of the accused the witnesses has to be examined and they should turn hostile. This is one way and another way is to file 482 petition before the HC producing settlement agreement entered into between the Victim and accused.HC Kerala used to quash the proceeding if the matter like this settled between the parties. I do not know the position in other HCs
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