Dear All !
I really appreciate the discussions being followed by learned professionals and the same has been inspired to post query w.r.t. one of my close person.
Mr. A, working in a factory, where motor bike parts are washed with acid. He is having no police background, aged about 51 years, quite innocent.
Mr. B, (Aged About 17 years) a co-worker had used abusive language, and in a small fight, Mr. B was injured with acid on his face.
The owner of factory took Mr. B to nearby private hospital and asked Mr. A to continue working in the factory.
After few hours, family and natives of Mr. B came to hospital and took Mr. B to Civil hospital and they wanted to file an FIR against Mr. A.
Mr. A was still at Fctory Premises, and he was kept there in factory for rest of the day for his safety from Natives of Mr. B so that they may not hurt him.
In the meanwhile family of Mr. A reached factory premises and took him to nearby police station and they made the surrender that the accident has happened.
The police kept Mr. in safe custody and 1 day passed and at the end of the day police accepted the FIR from family of Mr. B u/s 307 (Attempt to Murder) and they took the report from civil hospital.
After the same, Mr. B was shifted from Civil Hospital to Nearby Private Hospital and charges were being paid by factory owner.
Lawyers for Mr. A placed papers for bail in lower court and the same was rejected and was to be forwarded to session court and session court has given the date on 30th July for hearing.
In the meanwhile Mr. B is now shifted to a civil hospital in Sector 12, Chandigarh so that family of Mr. B can hide the situation from family of Mr. B.
Now the situation is:
1. Mr. A is in jail from last 40 days and 3 dates have been passed at session court, bail is not granted; As per the court, MLC (Medico-Legal Report) has not reached court yet so no section has been confirmed by the court.
2. Family of Mr. A is ready to give compensation to the family of Mr. B as according to family of Mr. A still continue to plea that it was an accident and not at all intentional. Family of Mr. B is ready to compromise on the plea of Factory owner.
3. Mr. B was in Civil Hospital in Chandigarh and has been discharged 10 days ago and Doctors have suggesgted plastic surgery.
The questions are:
A. As Mr. B has been discharged and the family of Mr. B is ready to compromise, can session court can discharge the case as till now no section has been confirmed by Court.
B. If compromise can be done, what should be the procedural steps that are to be followed by Mr. A's lawyer and Mr. B's Govt. Lawyer so that cas can be dismissed/ come to an end at Session Court only.
C. How the court will proceed ?
D. Any other suggession, in detail, shall be highly appreciable.
Thanks in best anticipation,
Himanshu
