Plea bargaining for sec 279/338

Querist : Anonymous (Querist) 18 October 2011 This query is : Resolved
Experts,

1. What is the procedure to intiate plea bargaining.
2. Is it mandatory for the defendent to be present to move application for plea bargaining or defendents lawyer can move the same on his\her behalf.
3. Usually how many hearing\duration it takes to dispose a case if plea bargaining is initiated.
4. Is it mandatory for defendent to be present in court at every hearing for plea bargaining(please note that the defendent resides in a different city).
5. What possible outcome defendent can expect from the plea bargaining for case filed under IPC 279/338.

Thanks in advance.

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Guest (Expert) 18 October 2011
the accused has to move the plea of bargaining before the concerned court.
The magistrate will check the plea is real one or under any compulsion. after that the court will fix a sitting and then the complainant has been summoned whether he intended to compromise and the terms of compromise. If both the the terms are settled between accused and complainant before the magistrate he will accept the plea and pass orders accordingly
the accused has to present and the complaint has to present on the mediation date of hearing.
rash and negligent can be pleaded

Kiran Kumar (Expert) 18 October 2011
the entire procedure for the plea bargaining has been provided under chapter XXI-A of the Cr.P.C

but I have a contrary view in your case, you are seeking Plea Bargaining for offences under Sections 279 and 338 IPC.

out of these two offences, 279 is non compoundable and 338 is compoundable with the permission of the court.

if you opt for plea bargaining, the accused will have to compensate the victim but still ll be held guilty of the dispute.

so rather the going for plea bargaining, compromise the matter with the victim and compensate them with mutually acceptable amount and get the FIR quashed from the concerned High Court on the basis of compromise...this will not result into conviction of the accused.

Raj Kumar Makkad (Expert) 18 October 2011
I agree with kiran.

prabhakar singh (Expert) 19 October 2011
I ALSO agree with Mr.kiran.

Querist : Anonymous (Querist) 19 October 2011
Thanks,

Mr Kiran Kumar for your advice.

1. If the victim agrees to compromise and an application is filed in HC for quashing the FIR, what is the procedure to do same.

Is it required that the victim and the defendent be present in the court or their respective lawyer can attend the case and get the FIR quashed?

2. Currently MACT case is in progress and if victim agrees to compromise in criminal case and the FIR is quashed will it have some impact on the MACT case?

Arun Kumar Bhagat (Expert) 20 October 2011
Their respective lawyer can attend the case and get the FIR quashed.

There shall be no impact on the MACT case?

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