Vyankatesh Tadgopul (Accountant) 10 October 2017

Reg Withdrawal of FIR from Complainant

Dear Sir / Mam,
Yesterday a accident was took place & the relatives of accident person was filled an FIR.

Now the opponent party was frequently requesting to withdrawn the case and requesting to pay compensate the all medical expenses along with loss of income for the rest of the period.

The injury was heppened on head which was not likely to be serious.

In this regard what we should do plz advise.
Thanks & Regards

Reply Follow

4 Replies

Vijay Raj Mahajan (Advocate) 10 October 2017

Accident cases usually the parties compromise but since FIR mentions section 279 IPC along with other sections of the penal code and Motor Vehicles Act the final closing of the case takes place only in the court, either in the trail court during prosecution or in the High court were quashing petition for FIR is filed. The Police by itself cannot withdraw the registered FIR.

Vyankatesh Tadgopul (Accountant) 10 October 2017

Sir Thank you for your reply My concern is whether the compromise between the two parties are valid after on. What will be the court order if any in this regard for compensation.

Vyankatesh Tadgopul (Accountant) 10 October 2017

If after the suitable compromise between the parties is it advisable to withdraw the case from the competent court by the compainant ?

Vijay Raj Mahajan (Advocate) 10 October 2017

It's not a civil case that anyone can withdraw it. A compromise between parties help in compounding the provisions under IPC where compounding is allowed in the court but for section 279 IPC which cannot be compounded minimum punishment like some fine is awarded by the court after which the case over. You need an advocate in the court to explain you all this, in this free forum you won't understand anything which is coming free of cost to you.