How to handle accident fir under 279, 337
V. Agrawal
(Querist) 17 December 2018
This query is : Resolved
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
But, then I dint do anything wrong.
So, what are my options.
Vijay Raj Mahajan
(Expert) 18 December 2018
Let the court decide the charge sheet filled by the police on the basis of the registered FIR. You will be free to bring your evidence/statement on record under section 313 CrPC where you will plead not guilty and state real facts which incurred.
As far the evidence of the complainant is concerned that will be checked at the time of his cross examination and truth will be out.
The court find no evidence against you will acquit you of all charges.
As far compromise with the complainant is concerned that can too be worked out and charges under section 337 IPC will be out. For section 279 IPC if you admit, the court will sentence only cash fine no imprisonment.
Dr J C Vashista
(Expert) 18 December 2018
When FIR has not been filed, there is no question of charge-sheet and/or any court proceedings against you.
Contact, consult and engage a local prudent lawyer for better appreciation of facts and circumstances, proper guidance and necessary proceeding.
V. Agrawal
(Querist) 19 December 2018
Sirs, the process of FIR is a bit confusing to me.
With the FIR number given I can go to the state website and get a digital copy of the FIR.
But, if I check the FIR status on the Ecourts website, no FIR shows up. There are no entries even as an "unregistered case".
Rajendra K Goyal
(Expert) 15 March 2020
You can take the help of your lawyer to get copy of FIR.
