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V. Agrawal (Software Engineer)     17 December 2018

How to handle accident fir under 279 and 337

I was involved in an accident with the 2-wheeler coming from the wrong side. After giving appropriate first-aid, they demanded tons of money from me. I refused and asked for police to be called. They refused. As I was also afraid of police I also let it go. I thought the matter was settled as they weren't ready to take it forward.

Now 20 days later I came to know that was a huge mistake. Those guys went to police station and registered a case against unknown person. Their version is somewhat strange as they claim that a car hit them and they were taken to hospital in the same car. But, the person taking them to hospital was not the person driving the car instead it was other nearby people.

So, the police called me to come down to Traffic PS for 30 minutes along with license. I asked them about my options. I tried to gather as much information as possible about my options:

1. FIR will be cancelled.

My understanding is that FIR once registered cannot be cancelled. I tried looking up the FIR on ecourts site but it doesn't anything. Does it mean the FIR has not been filed?

2. Settle with the other party.

From what I can read on the forums this is not possible as the case is 279 is not compoundable. So, this has to go to court.

3. Let it go to court and plead guilty<br>But, then I dint do anything wrong.

So, what are my options.



Learning

 1 Replies

G.L.N. Prasad (Retired employee.)     18 December 2018

After registering the complaint, Police submit to the court that complaint is false and seek their orders for closure.  The report will also be sent to complainant for making his submissions to Court.  At the end, the complainant can not challenge his versions and you are safe.

I do not know whether making false statements before Police by other witnesses amounts to another crime  or not and whether FIR can be registered against such witnesses who misled police.


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