Indrajit Saha
Asked September 22, 2016

Accident case and how to proceed

  • 1 Answer
  • 271 Views

I have done an accident with an auto.when i overtaking a bus with my bike a speed of 40-45 per hour suddenly an auto come from opposite and done the accident.the passenger pf 1st bench have factured his leg and a few portion of auto has crashed.police has launched an fir with section 279.338.427. i gave the auto owner 4000 rs for the auto and the injured person 2550 rs for primary teatment,now i got bell from court upto 25.1.17. what i will do next for geeting out this case? basically i am an enginnering student age 20 yrs

Answer 1

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Prafful Goyal

The offence under Section 279 deals with rash driving or riding on a public way. It is a non-compoundable offence (can’t be settled outside the court) where neither the charges under this provision withdrawn nor excused by the complainant/victim even with the permission of the court. However, Section 338 and 427 are compoundable and can be settled with the victim by the accused outside the court. So, if you file an application for compounding the offence committed under S.338 and 427 and court grant the approval with the consent of the victim, then acquittal will be given.

Though there is no bar if prosecution under section 279 is continued after the complaint under 338 and 427 is compounded, but, the courts always lean in favor of compromise and even in cases which are not compoundable and somewhat less serious, the courts do give substantial effect to the compromise between the parties.[1] Even if not give effect to the compromise, it will be fit case to quash proceedings under section 482 by the High Court.

On the other hand, if you don’t proceed with the compounding of offence, then since, a FIR has been lodged against you under these three Sections, a charge-sheet has to be filed to the magistrate wherein he will frame charges against you (your presence is needed for this). It is better that you hire a lawyer and let him/her deal with the court proceedings. Usually, in such petty offences the acquittal is given easily once the accused pleads guilty. In such case, Court order for due payment of the fine, which is a small amount, by the accused. However, this may take several months to be done.

 

[1]Adwait Surendra Aatre vs The State Of Maharashtra on 7 April, 2011

Agree Comment 0 Agrees about 4 years ago

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