Prakash (Manager) 03 March 2012

Ipc 279,337 - what happens after pleading guilty

Hi,

Recently I have met with an accident in NH where in a pedestrian(old man) crossed the road and got hit by my car. I had valid DL,Insurance including third party and all documents. If gone by rule books there is no fault of mine since I was at only 70Km speed and at the right most lane where in he came from the left hand side and misjudged and got hit and got hurt (hands and legs). Am not sure whether the pedestrian was drunk, but the police dint do any tests related to it since that person was from the village where the police station is.

Police registered a case under IPC 279,337.

My lawyer told me just accept the guilt and pay fine. My questions are as follows

1. If I accept the negligence, Will the insurance cover the third party injury amount or should I have to pay it from my pocket? And wil the conviction haunt me for ever in getting govt jobs/getting passport renewed .. ?

2. I like to quash the case against me as it was no fault of mine. The place is 300kms from my home so I dont like going there everytime the case comes for hearing. I am a cancer patient. Any way to close the case quickly ?

3. I am thinking of going abroad for my work and continue my cancer treatment. If I get convicted will I get a professional visa for US/Uk ?

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8 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 03 March 2012

Dear Mr.Prakash,

Don't plead guilty - because then conviction is recorded and that would remain a blot and may affect you in terms of tureu prospects and would disentitle you of insurance thing.

It is writ large on the face of the record that you were not negligent - i) incident happenned on NH ii) 70 kms iii) negligence on the part of pedestrian. File a case for quashing in the High Court u/s 482 of the CrPC where the court after considering totality of the circumstances - may quash the FIR if it fails to inspire confidence, and the court's are doing that nowadays to reduce pendency, and do equity to the injured - it may call for some compensation.

Consult a good lawyer

H. S. Thukral (Lawyer) 03 March 2012

Settle with the complaiant and move HC for quashing the complaint. It shall be definitely quashed.

Prakash (Manager) 03 March 2012

Thanks a lot for the replies.

If I move to High court what Kind of proofs or witness I would require. Because it happened near a village and people who were not even in the location at the time of the accident might come as witness against me.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 March 2012

Dear Prakash

as you know and admitted that old man was hit by your car , settle the matter with Complainant mutually and file a quash petition before HC with statement of the compalinant I am 100% sure the FIR will be Quash.

Feel free to call

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 March 2012

Dear Prakash

Feel free to call

adv. rajeev ( rajoo ) (practicing advocate) 03 March 2012

If you plead the guilty you will have to pay the penalty. You need not to pay any compenstion to the victim from your pocket if you plead the guilty. Insurnace co., will be held liable., because you have got valid DL and ins., policy.