accident case
praveen
(Querist) 15 October 2015
This query is : Resolved
I had an accident with a two wheeler a year ago. the two wheeler was at fault but he had an fracture and filed an fir. under sec 338 to claim insurance. Now he is not interested in the case. i appeared. in court last week and my next hearing is on 27th of this month. i have a friend in that court who is a clerk. he suggested that i will be fined an amount rs 1500/- and case closed in the next hearing if i plead guilty. he said if i contest it will take long time. my question is i am an govt employee will it have any problem with my job if i plead guilty ?
dr g balakrishnan
(Expert) 15 October 2015
take his letter that he is not pursuing his case, as it is not a criminal offence as such, it is not a state prosecution, so on the basis of his letter or his oral submission before the relevant authority, the court concerned would just dismiss the case without merit ground since the complainant had withdrawn the complaint and automatically FIR gets cancelled.
you cannot be fined under any ground
praveen
(Querist) 16 October 2015
complainant is not pursuing the case but not willing to give the letter to withdraw then what is the best way forward for me.i want to be out of this one without any fine.please suggest
K.S.Srinivas
(Expert) 17 October 2015
Section 338 provides: Causing grievous hurt by act endangering life or personal
safety of others : Whoever causes grievous hurt to any person by doing
any act so rashly or negligently as to endanger human life, or the
personal safety of others, shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine which may extend to one thousand rupees, or with both.
As far section 338 is concerned the offence is compoundable under section 320 of the Code of criminal procedure,1973 i.e. the person hurt can compromise it in the court.
Compoundable offenses can be compromised by the victim and the offender, with or without the permission of the court.Under a Compoundable offense, upon a compromise, the offender is acquitted without any trail.
If the government employee even is fined in a criminal case also liable for punishment.
Hence, both parties come together for compromisation and the petitioner withdraws his petition, then there may not be any problem for the govt. employee.
Rajendra K Goyal
(Expert) 18 October 2015
Agree with the advise from expert K.S.Srinivas.
praveen
(Querist) 19 October 2015
my lawyer says that i can contest the case on its mer
praveen
(Querist) 19 October 2015
my lawyer says that i can contest the case and come out of the case without fine without compromise and says no need to worry but it will take 4 or 5 times going to court .is it possible without compromise ?
