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Old 9th November 2009, 12:31   #46
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Thanks for your advice.

No summon from the court ever came to me. Only the cops came and said they wanted the driver and the car. I am not avoiding anything. My only concern is its a far off place and if it can be settled by paying money compensation by puruse it. They have put 337 & 279 IPC sections in this case. What these means? I think one is hit and run case and other is negligence driving causing hurt.

Section 337. Causing hurt by act endangering life or personal safety of others

Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Section 279. Rash driving or riding on a public way

Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
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Old 9th November 2009, 18:03   #47
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You will easily get bail for this.

If those are the only sections against you. Rest assured no one is dead. So calm down take a deep breath and relax.

These things happen quite often now and this is a scam to make money - with the police involved.

Dont get too alarmed and get an advocate quick.
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Old 9th November 2009, 18:15   #48
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Section 337. Causing hurt by act endangering life or personal safety of others

Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
I was arrested and released on bail for this section on May 30th 2007 and my case went on for over 2 years and recently been fined Rs.1000 after i confessed to my mistake ( though it was not mine, but my lawyer adviced me to confess so i can be fined and get the case closed ASAP)

In your case, i think they are just trying to fleece you. Try to sort out the matter out of court as if it goes into court, then its a long winding sessions of "Tariq" to which you have to travel to their area regularly.

Good luck for coming out of this quickly and safely
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Old 10th November 2009, 17:20   #49
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Guys going tomorrow morning to Nagar from where the cops had come. I will be going along with my colleague who is an ex cop in Mumbai police, carrying some cash also. Hope things get settled and sorted out tomorrow only. Let us hope for the best. Fingers crossed....
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Old 10th November 2009, 17:34   #50
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Originally Posted by aryashiv1 View Post
Guys going tomorrow morning to Nagar from where the cops had come. I will be going along with my colleague who is an ex cop in Mumbai police, carrying some cash also. Hope things get settled and sorted out tomorrow only. Let us hope for the best. Fingers crossed....
Hi, even if you settle with cash, how do you know they wont be blackmailing you again a few months down the line. Good luck with everything.
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Old 10th November 2009, 17:47   #51
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NO No, I will settle in front of the police guys in writing there and then with an undertaking and closing the FIR.
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Old 10th November 2009, 17:56   #52
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NO No, I will settle in front of the police guys in writing there and then with an undertaking and closing the FIR.
I would strongly advice you against this. This will not hold any value in the court of law. Any person can go to the court and file the same again and that too for many number of years after the incident.

Most probably they would have filed the complaint at the court and summons have come to the police station since it was reported as hit and run. Now they (cops) have to file an FIR with driver and vehicle details. Both will be released on bail, for which you will need 2 assurances to sign.

Once this is done, they will submit the details to court and you will receive a hearing date (might have been already decided and available with police). For that date you will have to employ a lawyer and either plead guilty and close it OR decide to fight it. For pleading guilty - can be done authorizing the lawyer and your presence might not be even required (but do check).

Last edited by Jaggu : 10th November 2009 at 17:58.
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Old 10th November 2009, 18:05   #53
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You are Right Dippy. Why I say this is if the concered party is ready to take the complaint back then I will go for this option. Otherwise Let the law take its own course. I wont mind as long as things are sorted out.
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Old 10th November 2009, 18:07   #54
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I would suggest you take a lawyer & take an undertaking in the proper legal way. YES, you can settle out of court & this is accepted by the court too, but get it done the proper way, not in front of cops. The statements given to or in front of cops are not valid in the court of law.
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Old 10th November 2009, 18:15   #55
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Originally Posted by aryashiv1 View Post
You are Right Dippy. Why I say this is if the concered party is ready to take the complaint back then I will go for this option. Otherwise Let the law take its own course. I wont mind as long as things are sorted out.
See this is not the concerned party alone, there are nexus's which will offer to take care of all this and offer % of the compensation of claim awarded to the party, while taking care of all trouble including court. This is where the problem is, the amount will be claimed from your 3rd party insurance by them once case is decided/pleaded guilty and no harm apart from a fine from your pocket and lawyer fee required if you decide to plead guilty.

Its all about money and compensation and nothing to do with justice.

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Originally Posted by esteem_lover View Post
I would suggest you take a lawyer & take an undertaking in the proper legal way. YES, you can settle out of court & this is accepted by the court too, but get it done the proper way, not in front of cops. The statements given to or in front of cops are not valid in the court of law.
This am not sure of, but do check with a reputed motor vehicle case lawyer. They should know.
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Old 10th November 2009, 18:25   #56
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Thank you alll you guys for your valuable suggestions. Will surely go as per advices given and suggested by you all. TIll that time, hope to update you by tomorrow evening. Planning to start at 5 AM from Mulund to reach Mewasa (thats the place the FIR is lodged) by 10 or so. I know the road so should not take much time.

And by the way, I am not taking my car but my friends vehicle who is accompanying me with his driver.

Last edited by Jaggu : 10th November 2009 at 18:33. Reason: back to back posts, please EDIT the original post after its approved, if you want to add. thanks
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Old 10th November 2009, 18:35   #57
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Thats ok i guess, worse case scenario if they insist that they need to see the vehicle you might want to take it one more time.
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Old 10th November 2009, 19:37   #58
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Aryashiv: Forgive me for being blunt but I feel that you are going to compound your problem the way are going ahead without proper legal advice. The advice which you seem to be getting from your friends, including ex-cops, does not appear to be legally sound.

Please appreciate the following before taking any steps in the matter:
  1. No one can take back an FIR once lodged, most certainly not the Police.
  2. The FIR can only be closed by the Court if the Police give a closure report to the effect that no offence is made out (highly unlikely in your case).
  3. If an offence has been made out e.g. a person has been injured, only the Court can decide whether you are guilty or not.
  4. You can settle the matter and pray to the Court to compound the matter (i.e. impose a fine). Please note that section 279 is not compoundable and as someone else has pointed out on this thread, the only option is to plead guilty and pay the fine imposed.
  5. Please also note that these will probably not be only proceedings against you. There will be a separate claim for compensation before the relevant Motor Accidents Claim Tribunal. Please find out if your insurance company has received notice of any such case.
My advice:
  • Consult a lawyer and take him along.
  • Do not just go and stand before the Police as you will be arrested.
  • Bail is a matter of right in such cases but formalities are still required to be completed. You may require a local surety.
  • Non-fulfilment of formalities may lead to your spending the night (or more than one) in custody.
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Old 10th November 2009, 20:38   #59
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Dude, there a couple of threads like this elsewhere.

Remember that in all probabilities, if the matter goes to court, you will be liable for a fine o a couple of thousands.

The offences are bailable, and usually, they will "seize" the car and usually release it immediately, for which you have to execute a bond.

If they try to black mail you and ask for anything more than 2 K, just insist that the matter be taken up in court. Tell them that you can always plead guilty in court and be off with - the court will not fine you a big amount. Unless the persons had very serious injureis (7 days or more in hospital as inpatient), it is rare to find any kind of imprisonment awarded.

Independent of the person accompanying you, find a neighbourhood lawyer, and try to find a contact lawyer at the place you are going to. Punishment and quantum of fine can vary very much according to the individual judge / magistrate, so try to ascertain how the magistrate before whom the matter is going to come up will approach the matter (in other words, try to find how much fine he usually imposes).

All you will need to know is the exact name of the police station where the incident took place (find it from your own - Mulund - PS).

Above all, relax and stay relaxed - all you are going to loose is a couple of days, and few bucks. And it is not your fault at all - you had the right of way. But no use bothering with such fine things like "right of way" - odds are that even the Magistrate has not heard of the "road code". So, just plead guilty and get ahead with life.
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Old 10th November 2009, 21:20   #60
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Sad to hear all this cr** you are going through. Pray things work out fine. And as some of the other members have conveyed, do take a lawyer with you. Have they given you a copy of the FIR? I've heard of police faking FIRs just to hassle people. I mean, they wouldn't have put up an FIR but claim that. If you have an FIR against you, then only way out is through the court.
All the best.
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