• FIR with IPC 337

I met with a very bad road accident in my car. Was severely injured, my entire right side was fractured and hip dislocated, with nerve injury. The car with whom the collition happened, did not undergo any major injury. They had minor cuts and was discharged from the hospital within next 3 hours. I had to undergo multiple surgeries on the other hand. However, the other car driver has lodged FIR saying I was coming from the wrong side, and the passengers of the car are the eye witness. My car was never taken by the police, no photographs were taken. There were no CCTV cams or any police present during/after the accident. Police has charged me with IPC 337. I do not want to go for a trial, as I will be leaving the city soon. Police is saying this is petty offence and since I was injured badly, I should go to the court and pay fine. If I do that, will I be deemed as convicted ? How will it impact my visa applications? Please let me know if there is any other way to deal with it. My lawyer is not responding at all and wants to go only for trial.
Asked 6 years ago in Criminal Law
Religion: Hindu

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12 Answers

Respected sir ...

There is no need to go to court and pay fine ...Your are right After that you will be held guilty ...Just go to that person who had lodged FIR against you and convince him to take it back ...As you are suffering from several grivious and multiple injuries he will soon be convinced ...And After that you can go for quashing of FIR to High Court Under section 482 of crpc ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1) The IPC section, i.e. 337 which read as “causing hurt by act endangering life or personal safety of others” can be compounded by a person to whom hurt is so caused, with the permission of the court.

2) This may get conviction under these sections can no way affect your job, moreover, if the other person is not interested in the case, police anyways have to close the case down. If you feel like, you can take that person for compensation before the MACT Act court.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

since you do not want to contest the case you can plea guilty and pay fine .

2) you should have filed counter FIR against the complainant as you were injured badly

3) it would not affect your visa applications if you pay the fine

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Ya paying fine means pleading guilty that would also have no future effects

, The better thing is to ask other side to compound offence and with permission of court the case can be closed and this won't effect your visa and career

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Conviction in terms of find may not affect your visa status or application for visa.

Regards,

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

1. Firstly you did a great mistake f not lodging any complaint. So your side of story is hard to believe in court.

2. Your wish to evade trial is not enough. If police has submitted charge sheet then there is no way except to face trial.

3. The only way to avoid this is to make settlement with the complainant so he withdraws his allegations in trial and you get acquitted in no time.

4. However do note that trial is no hindrance for your travel to abroad. So you can very well leave India but during the evidence and judgement your physical attendance is essential.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Dear Client,

Instead you should have filed FIR. This FIR is filed to put burden on you, so that u do not file FIR,

IF you will file FIR, they will book under severe charges, 279, 337, 338 IPC. and u can claim motor vehicle accident claim through court from insurance company of other party.

Medical expanse, compensation for disability reached, future earning, loss of earning, etc. File FIR today only, as delay in filling FIR, taken account in such cases.

This case will be over by accepting guilt, mere fine. no conviction. But if u accept, than one case will show in verification. Better go for trial.

Before that File FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Normally there will be no problem if you pay fine. But if anybody takes copy of such proceedings and lodge complaint then it will be treated as conviction and you are not entitle for visa/passport etc.

Alternatively you may nice to the complainant and get examine him and get him turn hostile. The judgment must acquit you honorably which may not happen.

Second alternative is to file 482 CrPC petition before High Court and get entire criminal proceedings quashed thus they would be no stigma on you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Hi

File a FIR quash petition in the High Court mentioning your facts.

If your facts are strong and true then this FIR against you will be cancelled and your status will remain same as of now. You will not be counted as convicted or acquitted person from any criminal proceedings.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Generally, i would be have advised you to file a counter FIR against those people alongwith your medical records as well as photos.

But, since you want to settle this matter, the best recourse is to get in touch with those people and settle the matter amicably with them. I think they'll understand seeing your condition and would settle the matter and it being a compoundable offence, it can be settled between the parties.

Even if you plead guilty, it won't affect your visa application as it's a petty issue.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

It is true that even if you are imposed a fine under an offence after pleading guilty, it is technically a conviction. Even just an admonition from a court without any fine amounts to conviction. You should state the same whenever asked about in any form for visa purpose. Concealment of facts could lead you to trouble

The offences u/s 279/337/338 of IPC are not petty offences in the eye of the law, as per settled law as offence of rash and negligent driving and causing hurt through such negligence does not involve moral turpitude.

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.

It is compoundable offence hence you may go for a compromise also.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

It is not a petty Offence and there can be imprisonment upto 6 months also. The said offence can be compoundable if both the parties settle the matter and file application in Court.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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