Rash driving and compromises
Querist :
Anonymous
(Querist) 13 May 2023
This query is : Resolved
I would like to seek your guidance regarding an incident involving a complaint I filed at the police station. I reported an instance of rash driving by an individual. Subsequently, the police officer contacted the person in question, and unexpectedly, they offered me Rs. 1000 as compensation for damages, which I had not requested. Additionally, the police officer compelled me to write a statement on a paper stating that both parties had reached a compromise, and I had accepted the compensation for my damages.
I want to know whether the paper I wrote and signed at the police station is legal or not and I am barred to register an FIR for that matter.
kavksatyanarayana 
(Expert) 13 May 2023
If the parties are mutually compromised on certain terms then the police cannot file FIR.
T. Kalaiselvan, Advocate
(Expert) 14 May 2023
Since you have given your consent to compromise the matter and not to press your complaint, the complaint is closed because this will enabled police to close the complaint lodged by you.
ashok kumar singh
(Expert) 14 May 2023
compoundable offence always compromised between the parties if so desired by them, in such event the case closed, by the Learned Judicial Magistrate.
Dr J C Vashista
(Expert) 14 May 2023
The offence of rash and negligent driving attract punishment under Section 279 read with 337 / 338 / 304 A of the Indian Penal Code, 1860 (as per opinion of attending doctor in MLC), after registration of FIR.
However, in the instant case FIR was not registered and police report was closed, may be because no one got injured (or negligible injury) in the accident.
ashok kumar singh
(Expert) 15 May 2023
Under Section 279 of the Indian Penal Code, any individual who is driving or riding a vehicle on any public way in a rash or negligent manner, which may endanger human life or injure other people, will be punished by law. The punishment under this section is imprisonment up to six months, a penalty of ₹1,000, or both
Querist :
Anonymous
(Querist) 15 May 2023
But I did not want to compromise it so can I write a letter to SP to register an FIR? and the compromised signed paper was made by the influence of the police.
Sudhir Kumar, Advocate
(Expert) 16 May 2023
You did not want to compromise. But you compromised whether you wanted it or not.
you have still not replied a vital question.
whether you were injured or not.
Dr J C Vashista
(Expert) 16 May 2023
The facts posted are vague.
It is better to consult and engage a local prudent lawyer for analyses of facts/ documents, professional advise and necessary proceeding.
