Case of 337 and 279 IPC – bail and compounding

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 weeks ago.

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  • #4011

    Hello, my husband met with a very serious accident while coming on the wrong side. He collided with a Tavera and hospitalised. He has multiple fractures, dislocations and complete bed rest for 6 months. The Tavera driver and its passengers have filed an FIR against him on section 337. They are not ready to compromise also. Can I pay fine when my husband is able to walk or do I need to take a bail first ? Also, will this impact his visa applications? Please help

  • #4014

    Both these offences, i.e., Section 279 IPC and Section 337 IPC are bailable offences, which means that bail will be granted by the police itself immediately on arrest, if at all arrest is made. So, you should not worry about bail.

    Secondly, offence under Section 337 IPC is compoundable with the permission of the court, and it can be compounded / compromised by the person who got hurt. However, offence under Section 279 IPC is not compoundable, therefore, it cannot be compromised. To compromise it, you may have to get the criminal proceedings quashed from the high court under Section 482 Cr.P.C. on the basis of a compromise between the parties, i.e., if both sides agree for compromise.

    As regards the effect of the criminal case on the passport of your husband, please read my previous article, can a person get passport during pendency of criminal case, which covers this issue in detail.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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