Tharan Raj (Sr. Engineer) 19 August 2014

What would be the consequences of case u/s 279 and 337?

Hello All,

Last week when I was driving my car in a State Highway, I met with a minor accident with two wheel rider. Just before the incident, I saw a guy crossing the road on a bike (from left to right across the road). I was at about 80kmph at that time. The guy came to middle of my way negligently. I noticed it about 50 meters before and I used my car horn. Further I took right side road to avoid major accident and applied brake. But the guy did not bothered to look around to see what is happening around and he proceeded further. So I could not avoid the accident. My car hit him slightly, he fell down from bike and sustained with small bruises. The collision happened on the right side of the road as I took slight right to avoid major accident. However he did not sustained with any major injuries, no bone fractures. I immediately called an ambulance and sent him to nearby Govt. Hospital. It was very evident from his breath that he fully drunk. The same was registered in the hospital record as well. Due to the impact, my car bonnet crushed, radiator and inter-cooler were also damaged (it would cost me around 20K to correct the damages). His bike's wind shield was broken as it has fallen, no other damages. Later police came and inquired about the incident and took my vehicle and his bike to their custody at station. Later his village councillor along with his relatives came to the station and demanded me 50K as compensation, and then they came down to 20K. I was ready to compensate only if it is few thousands. With advice of a known police person (from other station), I asked for filling a case instead of compromise. So they registered a case u/s 279 and 337 against me though the fault is on the other party. Police was not ready to take my version of complaint. I think this is in practice in almost all police stations. I have my vehicle documents proper, insurance is also valid. My car is still in the police station, waiting for MI clearance.

Now I am in confusion how to proceed on the case. Should I fight against the case in the court or admit it? What would be the consequences if I admit the guilty (as happening in most of the accident cases). Will it affect my job or foreign travel, visa or work permit in aboard? Currently I am working for a private company.

Thanks.

Reply Follow

1 Replies

Ashok, Advocate (Lawyer at Delhi) 23 August 2014

May be advisable to compromise the case with the other side by paying some compensation. Though offence under Section 337 IPC is compoundable, the offence under Section 279 IPC is NOT compoundable. Therefore, after compromising with the other side, you may have to approach the High Court under Section 482 Cr.P.C. to get the FIR quashed on the basis of the compromise which is possible since the case of a private nature and if both parties have compromised the High Court may quash the FIR.

Otherwise, both these sections provide for punishments of up to 6 months' imprisonment and / or fine. However, on conviction, usually, the punishment is much less than the maximum and sometimes it may only be fine. It depends on the facts and circumstances of the case and also on the court concerned.