U/s 353
suryakanth Khandelwal
(Querist) 23 March 2016
This query is : Resolved
Dear Sir,
I was traveling in government bus and before half km I made request to driver to stop at request stop so that I can get down, He didn't stop and tried speed up the bus so that I cannot get the bus. I had a heated argument with the driver which he made false allegations that I beat him to the blood , Actually it's not true, Even police being government departments support registered a case U/s Cr 353. Now whats the best option to come out this mess. Even police persons are saying ones FIR is registered the deal and closing should happen at court only. Dear senior lawyers pls guide so that I can come out for it
Regards
Suryakanth
Devajyoti Barman
(Expert) 23 March 2016
Yes, since it is petty issue better approach the complainant and settle the dispute amicably.
If charge sheet is not submitted as yet the police can submit Final Report by closing the case on the basis of withdrawal of complainant.
If not then both of you file for mutual quashing in high court.
P. Venu
(Expert) 23 March 2016
Legally, the only course possible is to meet the issues on merits unless the Police finds no offence on investigation and files a closure report.
Adv. Yogen Kakade
(Expert) 23 March 2016
You can settle the matter out of the court.. or find a good lawyer for bail.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
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Rajendra K Goyal
(Expert) 23 March 2016
Either go with the case or if possible have amicable settlement with the complainant and approach quashing.
suryakanth Khandelwal
(Querist) 23 March 2016
Sir, Thanks for the reply.
I tried to have compromise with the driver he was earlier head constable in police department and later moved and joined as a government driver,He is trying to fix me and not willing to settle amicably. In case if I take forward my case how should I prove that I was innocent and Driver was false being in government bus I don't have any evidence. Pls suggest senior lawyers.
Regards
Suryakanth
suryakanth Khandelwal
(Querist) 24 March 2016
Sir, Thanks for the reply. I tried to have compromise with the driver he was earlier head constable in police department and later moved and joined as a government driver,He is trying to fix me and not willing to settle amicably. In case if I take forward my case how should I prove that I was innocent and Driver was false being in government bus I don't have any evidence. Pls suggest senior lawyers. Regards Suryakanth
Devajyoti Barman
(Expert) 24 March 2016
without seeing the FIR and knowing the full case history no comment can be made on the merit of the case.
Meet a lawyer in person.
P. Venu
(Expert) 24 March 2016
This is a criminal case. It is for the complainant/State to prove its case beyond reasonable doubt.
Dr J C Vashista
(Expert) 24 March 2016
Discuss with your lawyer, nothing can be opined and advised without going through FIR, however, you have no alternative but to face trail and contest the case.
