• Regarding 304a

I recently met with an accident. While I was driving a car, a boy overtook me by talking in a phone. It was a mild hit but he fell off and car went on him, he died. The boy was 17years old. Police booked a FIR against me and gave me a station bail. 
 Mean while we had a settlement with the boys parents like, I'm ready to pay some amount for their loss, and we prepared an unofficial aggreement and got signs from both sides.

1) how I have to proceed to the court to get rid of the case.
2) as I'm a software engineer. How it will effect my future incase if I got some visa verification. (I have passport)
 
Please help me with good suggestions.
Asked 4 years ago in Criminal Law
Religion: Hindu

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7 Answers

1) you should disclose pending case when you apply for visa 

 

2) 

11. In Parbatbhai Aahir v. State of Gujarat: (2017) 9 SCC 641, the Supreme Court, inter alia, observed that "the decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated."

12. The question whether an FIR, alleging an offence under Section 304A of the IPC, can be quashed under Section 482 Cr.P.C. on the basis of a settlement arrived at between the accused and the victims of the incident, is required to be examined on the facts of each case

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You may have to ask the parents of the victim to turn hostile during witness evidence deposition at the time of trail proceedings before the trial court.

Once the witnesses turn hostile, with the concurrence of court about compromise settlement, you can be acquitted by court.

2. Once you are acquitted in the case, you need not worry about the immigration issues, this will not impact that process. 

The victim's parents can claim insurance amount through your vehicle insurance.

The insurance company will settle the claim under MAC Tribunal case.

This settlement is besides whatever amount you have settled to them out of court.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As the person has died there cannot be an out of court settlement. The parties may agree not to do anything but this is a police case. Therefore the trial will commence and after witness and evidence the court will pronounce the judgment.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

1) You can file petition for quashing of FIR on basis of mutual settlement, the court will consider whether there was gross negligence on your part or not as you have stated the child was also negligent the same would not fall under probable case against you, thus the court will allow quashing of FIR on condition of compensation paid to the victim family.

2) Once the case gets quashed, there will not be any ill effect on you future with regards to visa verification.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. Legally there are two cases filed for any accident , the first one is an FIR by the police for the said incident , where one has to prove the case in the trial 

- Further, the family of the victim claims compensation after filing a case before the court, and this case can be compromised with the other party .

- Hence, court will summon you , where you will have to appear before the court. 

2. Visa verification can be effected due to lodging FIR against you . 

- Hence, you can approach the court for settle the matters with the victim family. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Querist

section 304A of IPC is a non-compoundable offence and the case cannot be finished based on your settlement by the trial court, you have to file a quashing petition based on the settlement with the parents of the child who died in this accident and the high court may quash the case.

without quashing the case/FIR, you have to fight the case before the trial court which may take years.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear Sir,

 You have to approach high court under section 482 of criminal procedure code and get FIR\Charge sheet.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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