Quashing fir and case
Phu Chuden
(Querist) 07 June 2016
This query is : Resolved
Dear Sirs,
I was involved in a motor accident. Police lodged FIR against me under section 279 and 338 IPC. I have compromised with complainant and paid his medical expenses and vehicle repair costs. His lawyer is about to file application under Sec 482 CrPC for quashing. A copy of our compromise agreement is to be filed with application. In the agreement I have basically admitted guilt.
My query:-
If High Court does not allow the application can the agreement filed with application be used as evidence against me in my trial?
(please don't say High Court will allow application. Let's assume the High Court does not allow the application)
Advocate Kappil Cchandna
(Expert) 08 June 2016
Sir,
If the quashing is to be filed on the basis of the compromise, I don't think then High Court will look into other aspects of the case.
Warm Regards
Kapil Chandna Advocate
9899011450
Devajyoti Barman
(Expert) 08 June 2016
Since the offence is private nature I fond no reason why the quashing on consent of you would not be allowed.
Rajendra K Goyal
(Expert) 09 June 2016
If you fear, get the compromise agreement drafted again if not submitted.
T. Kalaiselvan, Advocate
(Expert) 11 June 2016
If the quashing is presumed to be not allowed by high court then the matter in the trial court to be taken care accordingly by asking the defacto complainant to turn hostile witness and not support the prosecution, if necessary he may orally inform court through APP about the compromise arrangement, the court may take a lenient view and acquit the accused.
