• FIR registered with 337 IPC

I met with an accident 3 months ago. I was driving the car and Victim was riding the bike and he took a right without noticing that i was coming straight from left which led to accident. Victim faced minor injuries and has fully recovered. Immediately after the accident i called the police and the victim's relative raised FIR against me under SEC 337 IPC.

It has been 3 months and i see that FIR is still open. It was the Biker's fault but the law always considers taking the case against the car owner and not the third party because he faced injuries.

I have also paid 20,000 INR to the victim's relatives in front of Police at the day of accident as a help but still not satisfied and now they say they need 30,000 INR more so they will agree to the court and close the case. Police made a note of the payment in their records.

The victim is from labor class and does not show any interest in discussion and is only interested in taking more money hence we have no contact with each other anymore.

I want to know the consequences i will now face:
1. Will my name be registered as a criminal and i will have to mention it in all my Visa/Immigration/passport application? Will it affect my aspects in terms of traveling abroad?

2. I understand that the offence is bailable with a nominal charge or 2k to 5k. But, if i pay the fine, i will be charged guilty and my name will be registered permanently?

3. How will i know the status of my case? I checked it online and my FIR is still in their Online system. Can the FIR be closed by the cops or any closure that would make me relieved from all the worries?

4. Does the victim have an upper hand and can demand for more money from me? i am not sure about laws hence, your advice would be much appreciated
Asked 5 years ago in Civil Law

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11 Answers

Have you taken receipt of payment if not than that amount wasted with no proof.

This case is minute in nature. May police file closer report than you will be absolve. IF charge sheet filed than also court will acquit you by mere filling small fine.

I understand that the offence is bailable with a nominal charge or 2k to 5k. But, if i pay the fine, i will be charged guilty and my name will be registered permanently?

--- YES

Police will issue notice if submitted charge sheet.

NO money payable and WAIT. no loss, quite possibility polcie will submit closer report.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

You shouldn't have paid him after registration of FIR. If it was not your fault then you should have done cross FIR for negligent driving.  You could have quashed the case in high court. It is not necessary that you should apologise for what you haven't done. Now don't pay more.  Contest the case you will be Acquitted. You can still file complaint against them for negligent driving if you want. 

Prashant Nayak
Advocate, Mumbai
32051 Answers
183 Consultations

4.1 on 5.0

 1. See since the case trial is open it will reflect in your police verification record. Till the time case is not quashed or you are acquitted it will reflect and you have to mention it. 

2. See you can contest same before the court.

3. See if police file chargesheet as B report in favour of you then you can be relieved.

4. See it is based on negligence and mistake not on victim. See you can contest that there was no negligence or rashness on your part. See you engage an advocate to contest and to prove in course of trial that there was no mistake on your part.  

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

A FIR against you does not make you a criminal unless you are convicted by court. Police can not sit on FIR indefinitely. Either they have to file the charge sheet or a closure report to court.

Do not give any money to the victom from your own. Let the case be processed. 

You need to disclose about the FIR in passport visa application Renew forms. It is not a serious matter in case of mere accident. 

Police is supposed to inform you about the final status of the case. 

Case is finally closed by court not by police.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1) you can plead not guilty 

 

2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

 

3) if you plead guilty nominal fine is imposed 

 

4) you should mention it in passport , visa application 

 

5) police can file closure report on basis of investigations report 

 

6) no need to pay more money 

Ajay Sethi
Advocate, Mumbai
94904 Answers
7570 Consultations

5.0 on 5.0

1. Well, in India the ease with which FIR is registered is not followed ehn the trial of offence is commenced. in other wirds even if you face the trial your negligence would be very hard to prove and you would come out acquitted. So do not chase him anymore and wait for the trial.

2.Yes, apply for bai and wait for trial.

3. First take bail and then wait for submission of charge sheet. You will be informed by police once charge sheet is prepared and submitted in court.

4. Do not pay him any money and f he demands then lodge complaint of blackmailing against him.

Devajyoti Barman
Advocate, Kolkata
22862 Answers
492 Consultations

5.0 on 5.0

Your best option is to approach the HC under its inherent powers and either get the matter quashed or expedited. You are just an accused, so all the constitutional rights are available for you to take recourse to.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

In place of replying to all your queries, let's be practical. 

If the person is safe then too you will suffer the trial process and spend more in proceedings. So it's advisable that you call him and settle the matter. You will be acquitted and there will be no legal implication for anything

Second case that you don't settle and continue to fight, then you have to fight seriously and prove that he was the culprit and not you. (Need to be proved which is quite a task)

In case you do not settle or win, and you are held guilty, then you have to either appeal against order or you will certainly have bad implications for life. 

In place of so many hassles and trouble, I suggest you to settle it... Or it will be a very costly battle. 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

1. Not as a criminal but as a accused in the record and at the time of bail they will put a stamp on the documents of the court and offence for the bail is granted, so may affect the journey.

2. Definitely because at the time of paying the fine your statement will also be recorded to the effect similar to accept the guilty.

3. This will not help you to know the status first you should go to the court in which your FIR has been sent by the police then take from there UAN no. of the case and the year then you may see on line the status day to day.

4. Straight away discuss, if they are ready to out of court settlement, one time amount then go ahead don't try to pay in installments  and that to before the court because this will help you to bring down their moral which are very high at this time and go through the court and file there the settlement and get rid off.  

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. Your name will not be registered as a criminal, you cannot be termed as that until you are found guilty of charge.

2. If you pay fine then it's your admission.

3. FIR will not be closed automatically until police files a closure report.

4. Victim cannot demand money in criminal case, it's you who has to negotiate with him to get rid of this.

T Kalaiselvan
Advocate, Vellore
85105 Answers
2215 Consultations

5.0 on 5.0

Dear Client 

If police has written in the report that they have taken the money then it is in your favour. 

No you will not be considered as criminal and you should contest the case in court most probably you are going to get acquitted from court. 

The police can file a closure report in which they can mention that it was the fault of biker and hence you are discharged from the case. 

The status of case can be checked when police file the challan report to court. 

in this case Victim doesn't have upper hand as you can prove in court that he took wrong turn due to which accident happen. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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