A fight broke between me and unknown person on 1st September, He verbally abused me due to that i lost my cool and hit him. He fell on his head and was injured, now after treatment he discharged from hospital and got back to home. His relative lodged a FIR on 1st, Fir registered as unknown person and my name is not yet entered in FIR. Opposite party is demanding 2lakhs for compromise, need a legal opinion on whether we have to compromise to get a government job as i am preparing now and waiting for job notification. Q1. Can we close this case in police station as my name is not entered in FIR. Q2. Do i need to compromise and pay 2 lakhs Q3. What are my drawbacks if i go legally and pay fine in court Q4. Is there any chance of getting jailed as other party is having video footage of CC Camera Q5. Priority 1 - Should not be Jailed Priority 2 - Should not affect my government job, what should i do.
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The fir was lodged against an unknown person because may be they don't know you. Once the police/the aggrieved finds out you'll be in trouble.
Settlement is a good option or you may lodge a counter fir against him on similar grounds.
In case a criminal case is pending against you then could be denied a government job. This money isn't to be paid in court. He is demanding it for himself ie out of court settlement.
Rs 2 lakhs is exhorbitant amount
2) no need to bow down to pressure tactics
3) you can pay his hospital bills and nominal amount as compensation
4) you can contest the case apply for bail if you are accused in the case
5) mere pendency of FIR would not debar you from govt job
- According to section 324 of IPC " Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
- Further , it is a non bailable offence
- If there is chances of arrest by the police , then you should take anticipatory bail from the session court, as name in the FIR is not enough ground for involving in an offence .
- Further, An offence of voluntarily causing hurt by dangerous weapons or means punishable under Section 324, IPC is no more compoundable , hence you cannot compromised this case with the complainant, but you can approach the High court for quashing the FIR lodged against you.
- Further, only a convicted accused is not eligible for government job , during the trial of the case you can apply for the job.
1. First seek Anticipatory bail from court to save yourself from arrest.
2. Depends cant advice without knowing all the details.
3. You may get convicted
4.. If you admit your offence then you may.
5. Depends on entire facts.
If you need any further assistance then you can approach me through kaanoon or LinkedIn.
Additional details : I met with sub inspector the next day after FIR lodged against me, it's been two weeks now. I'm visiting police station whenever i receive a call from sub inspector His hospital bill is 1.5 lakh, ge got discharged 2 day's back. Please answer my simple question, If i pay 2 lakhs and get compromised with him, the file will be sent to court as already FIR is filed. If the opposition party agrees that they are compromised, can i get a government job. I will ask the sub inspector to change the section from 324 to 323 so that the other person can compromise and no weapon was used to hurt him, i hit him with hand.
You can get govt job as you have not been convicted of any offence
An FIR can be changed by IO from 323 to 324, 307 of 302 but it cannot be changed from 324 to 232, only Court can change charge from 324 to 323. IO have no power to dilute the charges. You question may be simple but answer in not that simple. As weapon is not used, court will change charge to 323. Compounding of offence is admission of guilt, it only means that accused has confessed to offence but complainant has excused the accused. Any admission of guilt will make you ineligible for government job forever.
IPC 324: Voluntarily causing hurt by dangerous weapons or means
i.e., Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
It is a non-bailable, cognizable offence.
Offence is NOT listed under Compoundable Offences.
If the FIR has been registered but you have not been summoned by police then you may wait for the police to summon, after which you may obtain anticipatory bail.
Since it is not a compoundable offence, the complainant cannot withdraw the case even if there is a compromise arrived between you and the complainant.
It will be too early to decide about compromise or paying any money to the defacto complainant.
The police, once registered FIR, has to file charge sheet before court.
You may file a quash petition before high court after the charge sheet is filed and can request the complainant to file an affidavit expressing his no objection for quashing the Charge sheet if the compromise is arrived at that time.
Your government job will not be affected until and unless you are not convicted by court.
The police cannot alter the section from 324 to 323 once the FIR has been registered and sent to court.
Therefore the complainant also cannot withdraw the complaint even if there is a compromise between you both.\
The government job will not be affected till such time you are not convicted for the offence.
See you can't settle directly with him he may take money and pursue the case. It's better you settle the matter before court so that he can't back out
Dear Client,
If the FIR has already been filed then paying 2 Lacs will not help your case.
Thank you.
- Since, there is already FIR under section 324 , then the I.O. of the case having not power to change the same
- Further , if the complainant cannot settled the case with you legally as this section is non compoundable.
- However, it will not affect your job , as I mentioned earlier.