i had an accident with a marashtran….i took him to hospital incurred all his expenses…later he wanted an fir for his medical insurance and life insurance.and i said no becos i would have been arrested for that…so after 10 days of accident he filed an fir and i was called and then later released on bail.now they filed the charge sheet and i have paid 15000 as a surity/deposit..after 1 month as i will provide them the surity(court) they will return me the 15000 deposit which i have paid.ihave also kept a lawyer who is helpin me…..now what shouldi do? let the case go on and keep fallin dates or should i talk to tht victim and ask him to take his complaint back?or does he want money from me?i am not ready to pay him anythin as i have incurred his hospital expenses which come to around 4500…also he was released on the same day in just 2 hours and i also handed him to his office colleague who works with him.i have doctors letter everythin also hospital bills which i have paid……wat should i do to get rid of this problem?
You engaged a lawyer,didn’t that fool tell you that once a F.I.R. registered, the matter has to go to the criminal court in the form of charge sheet against you under section 297,337 of the Indian Penal Code?
Secondly as far section 337 I.P.C is concerned with regard to causing hurt by act endangering life or personal safety of others is a compoundable offence & the charges under this section can be withdrawn or excused by the complainant/victim with the permission of the court,whereas the charges under section 279 I.P.C.concerning rash driving or riding on a public way is non-compoundable offence where neither the charges under this provision withdrawn nor excused by the complainant/victim even with the permission of the court.
What ever the Police officers tell you now, the criminal complaint/charge sheet shall be prosecuted against you, where, either you get acquitted by the court or get punished, maybe for a small amount of money in the form of fine but this whole process will have to be completed, which may take few months or even years to finalise.
I can only suggest you one thing.
Just go and talk with him … don’t say you are ready to give money … talk to him about how generous you were in taking him to hospital and paid for the expenses etc; you accept that you have made a mistake (if that accident was made by you) but you have done enough to rectify the mistake.
Have your mobile camera on while you are discussing this .. or if you can afford buy a small Pen Spy camera or rent one! This will be helpful to you if the guy has some other motives.
I personally feel you must not spend more than this!
Talk to your lawyer before deciding anything … sometimes advocates play double game between the Clients so see to that you have a lawyer who is known to you.
Ipc Section 337
This is police case and u can get rid of this problem only by court or compromise with the party.
279 337 338 h esme kya kerna padega or mene to kuch kia v ni fir v ye case mujh per laga diya me kya karu kisi ne miss understanding me meri gadi ka no likwa diya or pareshan mujhe hona pad raha h me kya karu
This IPC section is under criminal law or civil law ?i paid fine amount 3000 rs in the court regarding this accident ….
sec.279,338 IPC deals with rash and negligent driving
Section 279. Rash driving or riding on a public way:
“Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both
The offence is Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
. The main ingredient of section 279 of IPC is rash driving in publc way.
2)section 337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Under section 337 driving rashly and endangering life and safety is punishable
It is compoundable offence
3) apply for bail . you have to contest the case before trial court
4) it has to be proved by the prosecution that the accident was caused due to the rash and negligent driving by the accused