An fir was filed against my son under ipc 279/337 in sept , 2017 ( practically very minor injury) . subsequently the mact court in feb 2020 disposed off the case as settled in lok adalat with the party accepting the amount given by insurance . but the case under ipc 279/337 has been posted to june 2020. what will be the efect of the judgement of mact court in the criminal proceedings.
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With the case being disposed off in MACT Court, what is the procedure for quashing the criminal case.Also is it necessary that my son should be present during hearing.
Criminal case will decide on merit. When settlement was reached in compensation case, Why din`t tried to compound criminal case also. Could have withdraw.
Complainant can withdraw the case on the basis of settlement between parties or dose not want prosecution. It is advisable, accused should be present in court.
approach high court and get the FiR quashed by consent. Both of you can jointly file the petition and pray before the high court to quash the proceedings.
An FIR registered under Sections 279/337 of the Indian Penal Code and proceedings emanating therefrom qua the petitioner, be quashed, on the basis that the parties have willfully with free consent has compromised their matter amicably.
Claim in MCT court is for compensation
it is separate from criminal case filed against accused for rash and negligent driving
the judgment in MACT would not affect criminal case
Son should deny charges of rash and negligent driving
burden of proof is upon prosecution to prove allegations beyond reasonable doubt
Personal presence of accused is necessary
You need to go before High court yo quash the matter as 279 is not Compoundable offence. If the matter is settled between the parties HC will quash the same
1. File proper Application annexed with "certified copy" of MACT Court order and any other relevant documents, and request court to dispose of the case, since has become infructuous. Accused needs to be present while closure order is pronounced.
Yes, your son should be present there in the court for quashing to case and for quashing show the mact order.
MACT court only gives compensation to the victims involved in an accident, nothing else.
The offence is made out or not is to be decided by the criminal court. Which is pending.
The court shall proceed with the evidence or you may file for compounding the offence.
An application for compounding should be moved in court.
MACT case is different to that of the criminal case against him.
He may challenge the same as per law in the trial proceedings.
The criminal case is different to that of claim case.
He can ask the defacto complainant to turn hostile during trial then the court may acquit him for benefit of doubt.
1. MACT case is essentially civil in nature and limited to civil liability of the insurance company and/or the person who caused the accident. It has no impact on the criminal case.
2. In criminal case the court has to determine the guilt of your son regardless of the outcome of MACT proceedings.
1. Judgement of MACT doesn't have any effect on the proceedings of criminal case against you under section 279/337.
2. For quashing of FIR you have to file petition in High court
3. Yes your son should be present during hearing in court on every date.
Dear quersit,
For quashing of the proceedings pending under section 297 and esection 337 Ipc. A quashing petition is to be filed before the Honble High court under section 482 crpc . No, The presence of your son will not be required. The only requirement will be is of the settlement award by the lok adalat and other documents. This can be quashed ina hearing or 2,
You can contact me for filing quashing petition.
Regards,
YUGANSHU SHARMA
ADVOCATE
