My brother was arrested for being involved in a car accident and later released on bail. The police registered cases under 279 and 338 of ipc. But the victim has fully recovered from the injuries and wishes to not pursue the matter as he's happy with the compensation paid to him during his recovery. He has submitted an petition which has been authorised by the court withdrawing all charges registered at the P.S. But the case is still pending in court and the accused has not been given the chargesheet yet. What course of action should be taken to dispose of the matter as soon as possible.
2007-12-11 15:27:20 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
In your last question few months back I had told you that charge/complaint under section 279 IPC is not compoundable offence but under section 338 IPC it is compoundable offence. So if the charges have been framed under both these sections then the question of compounding this offence by the complainant/victim is not possible, but the whole complaint can be dismissed as charges withdrawn/quashed by the court only, here such an order can be passed by the relevant High Court under which this magisterial court is situated. You should fill a criminal miscellaneous application under section 482 Criminal Procedure Code & get an order for quashing the charges under section 279 & section 338 IPC in the High Court only where the affidavit of this victim for not pressing the charges against you & his being compensated fully for his injuries/harm should also be filled along this application. The High court will definitely allow such application & quash the charges against you under section 297 & 338 IPC.
2007-12-11 17:37:49 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 0⤋
279 and 338 cases are basically for rash and negligent driving causing grevious injuries. Since the compensation case is already decided and the complainant withdrew the charges it should not take long. Find out from District Legal Aid Commitee and see if a settlement can be reached through Lok-Adalat.
2007-12-11 23:42:42 · answer #2 · answered by ramarao p 4 · 1⤊ 0⤋
When someone is prosecuted for an offence, even if there had been an out of court settlement ( except for 420 cases)
the offence would not be considered as null and void,
unless the court decides so.
The charge sheet should be filed, heard by the court and
finally dismissed if found not-guilty of the offence.
As some one had written in this forum, get it expedited in the way he had suggested.
2007-12-12 00:22:38 · answer #3 · answered by tmuthiah 5 · 0⤊ 0⤋
File a petition to the court asking for speedy disposal of the case mentioning the voice of victim.
2007-12-11 23:37:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Consult your lawyer and submit another application stating therein what you have written here and pray for quick closure of the case.If it's a GR case , your application won't do anything.Seek legal advice and act accordingly.Only a CR case can be mutually settled and withdrawn from the jurisdiction of the court.
Seek advice from your lawyer , please.
2007-12-12 11:05:54 · answer #5 · answered by bikashroy9 7 · 0⤊ 0⤋
Complainant is supposed to withdraw the case. It will not take much time for disposal.
2007-12-12 03:28:17 · answer #6 · answered by katkam v 3 · 0⤊ 0⤋
For some cases will take century with normal process.with bribe a Little faster with political support more faster.
2007-12-12 00:46:00 · answer #7 · answered by peace for 3 · 0⤊ 0⤋
yes if he is himself to withdraw his case , then what is the problem with offocials . yes our indian govt is like this only .
no one works for the nations progress. thank you.
2007-12-15 08:51:16 · answer #8 · answered by dhananjay rao 1 · 0⤊ 0⤋
just pay the bribe and every thing will be over in a jiffy
things can take nasty turn if bribe is not paid
2007-12-11 23:43:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋