Section 279 and 338
ZV
(Querist) 17 January 2018
This query is : Resolved
This is for my friend. He was driving when a women walked right in front of the car. She had an injury on her foot minor fracture and a cut. He took her to hospital and called the women's husband. After the husband came he left. She went and lodged a police complaint and my friend was charged on 279 and 338. The first hearing is in february i have the below questions
1. can my friend do out of court settlement with the person injured.
2. what will happen in case of out of court settlement as i read somewhere that 279 cannot be quashed even in out of court settlement by sessions court and need to be done by high court.
3. what are my friends options is out of court settlement best option how will he be free from both 338 and 279?
Isaac Gabriel
(Expert) 17 January 2018
Best option to settle out of court.
ZV
(Querist) 17 January 2018
Thanks for the reply but would both sections be quashed incase of out of court settlement by sessions court and i read somewhere 279 is non compoundable.
ZV
(Querist) 17 January 2018
Thanks for the reply but would both sections be quashed incase of out of court settlement by sessions court and i read somewhere 279 is non compoundable.
Vijay Raj Mahajan
(Expert) 18 January 2018
Out of court settlement between both parties when reported to the court, the court will dismiss the complaint case after recording statement of both parties have compromised and the complainant withdraws all charges against the accused. The Court may even impose nominal fine on the accused or sentence him till the rising of the court which is staying in the court till the judge is sitting on his chair, once the judge moves out of the courtroom the accused is free to go as his sentence is served completely under section 279 IPC and thus the matter ends.
Dr J C Vashista
(Expert) 19 January 2018
Very well considered, analysed and advised by expert Mr. Vijay Kumar Mahajan for the anonymous query of "unconcerned" author named as "ZV" to quench his/her thrust to obtain/improve legal knowledge.
ashok kumar singh
(Expert) 24 January 2018
agree with the views of the earlier experts in this regard.
