Hello friends, i met a bike accident which i was driving , i was going to meet my friend then a 90 year old man was crossing a road so i applied horn but he did not respond then i shouted to go back but he suddenly started walking fast to cross the road i also applied breaks but that was too late and then we both get hitted and accident happened and this thing happend so suddenly i cannot think then 108 ambulance came we got admitted in same hospital we both got injuries on next day his family members filled FIR against me after some days we both talked for compromise and they agree to do compromise and the 90 year old man is very good condition now FIR is registered under section 134 , and charges/section are 279,337,338,177,184,134 all are under motor vehicle act now my question is
1) can FIR can be cancelled if compromise is under process
present status is i don’t know if chargesheet is filled or not
2)can FIR and chargesheet both can be cancelled if compromise is under process
3)what can i do if i do not want to pay compromise amount
4)what will happen in court if we both agree to do compromise
5)how much time it will take to close all these things completely
6)will this case be closed in 1st hearing of court if both parties are satisfied with terms&condition of compromise
7)what documents will be made by lawyer in this type of case
8)what type of legal precaution i can take so that in future the opposite party cannot do anything with me and the case
9)any other good/expert advice please regarding this case and procedure will be appreciated
NOTE:I have driving license and registered bike and this is first time in my life any case is registered against me
10)if case is closed in the court then PIL can be filed by opposite party or any other person if yes then how to get rid of it
11)how much money it will cost me for all this legal procedure excluding compensation amount (any approximation)please
12) is there any other options for closing this case out of court
13)in what type court this case will be placed
14)what type of documents I need to get from court or police or opposite party for making passport&visa if case is going on or closed
15)any other document or paper or any written statetment should I have to take from police or court or from opposite party which will help me in future or for security purpose only
16)any documents or I have to make any document regarding my bike and driving license or RC BOOK from court or police or from opposite party for safety or future purpose if case is closed or going on
17)what documents I will be required to take from court or police or from opposite party if I get government job for full clearance to get the job(if case is going on or closed)
18)if chargesheet is filled by police then in how many days did case will be in the court
19)so all of you know about my case and its detail so frankly speaking tell me as lawyer legaly or technically is I am a criminal or not?(if case is going on or closed)
In cases of all the Compoundable Offences i.e ones listed under S. 320 CrPC, the Court has the power to quash the criminal proceedings as well as the FIR in question on the filling of the appropriate Application for quashing before the same Court where the case is pending with-
- A Compromise Deed signed by both the parties;
- An appropriate Affidavit of the injured party/victim stating that he has reached a compromise and will have no issues if the said criminal proceedings and FIR are quashed.
In case of a Non-Compoundable Offence also compromise is possible, but the application has to be made to the High Court under S. 482, CrPC by invoking the inherent power of the Court.
Once the Court agrees to the Compromise agreed by the parties, it will take the said compromise on record, record the statements of both the parties and thereafter vide its order quash the case as well as the FIR.
The terms of the compromise are not regulated by the Court but are to be decided mutually between the parties to the dispute. Thus whether any monetary compensation has to be paid by you or not depends entirely upon the terms of settlement. The option of contesting the case in the court is also there to avoid payment of monetary settlement amount.