In the given circumstances, since the patient is alive and recovering, and the patient side parties are also ready to take back the complaint subject to financial assistance from your end, opting this would be the best solution.

a defacto complainant can withdraw an accident case before a final order is passed, if the Magistrate is satisfied that there are sufficient grounds. The Magistrate will then acquit the accused against whom the complaint is withdrawn

If the case has already progressed to court, the complainant can request the court to withdraw the case, especially if there is a settlement or compromise between the parties.

In .Anbuvel Rajan vs State Rep By on 12 October, 2023 of Madras high court , it was held that

In view of the compromise entered into between the petitioners and the de-facto complainant, this Criminal Revision Case is disposed of thereby setting aside the cognizance order passed by the learned Metropolitan Magistrate, CCB & CBCID Court, Egmore, Chennai in Crl.M.P.No.5712 of 2023 dated 11.07.2023. Consequently, Crime No.62 of 2022 is closed.

Therefore instead of compromising with the police you may better ask the police to proceed with whatever case they may file, you can ask the defacto complainant to go for compromise and settle the negotiated amount and get acquitted

Once MLC of accident is registered, it will be recorded in medial record. Case can be recked up any time in future. The  injured will be paid huge compensation by insurance with whom you vehicle is registered. Any Advocate will dig the  case out as they receive handsome cut on such cases. Try only to remove drunken report, so that victim will get his compensation and you will let off with only fine.

Best course of action to s to settle with complainant and pay him some compensation 

we do not advise paying any bribe to police 

It’s better you settle the matter in court with the patient. I can’t advice you for illegal bribe strategy of police 

Dear Mahadev,

To resolve this matter without legal battles, you should consider entering into a legally documented settlement with the injured party, agreeing to provide financial assistance in exchange for withdrawing their complaint. This can be done through a compromise agreement, signed and notarized, ensuring that no further claims will be raised. While the police may suggest removing the Drunk and Drive (D&D) charge, engaging in unlawful alterations could lead to future complications, so it’s advisable to cooperate legally and demonstrate good faith. Since insurance may not cover the accident due to the D&D factor, consult your insurer for clarity on policy terms. Engage a lawyer to oversee the process, ensuring that the settlement and case closure are handled lawfully, and retain documentation for future reference. Resolving the matter amicably and within the bounds of law is the best approach to clear the issue.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

A compromise with the victim is the best way ouT.

You may clear their medical expenses and provide them with an additional compensation on the condition that they will take back their police complaint. The compromise must be recorded in writing and placed before the police .

1. Settle with Opposite Party: Negotiate a financial settlement with the injured party to have the complaint withdrawn.

2. Handle Police Discreetly: Avoid illegal payments; consult a lawyer to address the D&D charge professionally.

3. Insurance Claim: Work with your insurer and provide necessary documents for claim processing, but note that D&D voids most policies.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

- As per your narration , it is looking that there is no FIR has been lodged against you for the offence of said accident.

- If there is no FIR and the complainant / the injured person is ready to withdraw the complaint filed to the police, then you can settle the dispute with him. 

- However , at the time of withdraw the complaint , he must give an undertaking to the police , that he doesn't want to proceed with the complaint and also will not file any case or complaint in future and even will not claim any amount from the owner of the Car which is in the name of Shri.........

- Further, undertaking must be given in the presence of his family members/legal heirs. 

Dear Mahadev,

In your case, it needs to be handledwith a lot of caution so that legal implications are not serious. Police have recorded positive breathalyzer tests. Under the Motor Vehicles Act, 1988, this is a grave offense, and any tampering with official records or undue favoring of police can attractother charges. In amicable settlementterms, you could consider rendering financial form of aid towards the family of the victim in the claim filed against an agreement reached collectively and claims concerning the medical treatment administered and further other possible forms of damages on top of medical care. Atwo-party-signed form with this willdraw its complaint upon settlement.

Meanwhile, engage a professionallawyer to ensure all activities are inconformity with the law and also to negotiate with the police accordingly. Never indulge in illegal practices such as bribery or altering evidence toprolong the case. An advocate will also reduce the charges and appeal for leniency if the case continues. Handling the situation transparently and lawfully will help you clear this mess with minimal legal repercussions. Let me know if further guidance is required.

1. If the complainant is indulging in extortion activity then you may decline to entertain his demand and proceed through court.

2. The insurance company has to pay the third party insurance claim amount besides police report is also negative.

3. You can decide 

you can contest the case filed by complainant 

2) your blood test report would be considered by insurance company 

3) settlement is best option 

Yes you can contest the case and get acquittal but same will also incur you the lawyer fees 

1. 
   Contest in Court: You can contest if the demand is unreasonable, but the positive breathalyzer result weakens your case, despite the negative blood test.
2. 
   Insurance Claim: Most insurers won’t honor claims if drunk driving is proven. The positive breathalyzer may override the negative blood test.
3. 
   Settlement: Settling is faster and avoids prolonged legal battles. Negotiate fairly, considering their bills are covered by corporate insurance.

Engage a lawyer to mediate and draft a settlement agreement to avoid future disputes. If this helps, a review would be appreciated. Thank you! Shubham Goyal.

1.Yes

2. No

3. Since the demand of the opposite party is high , then you can contest the case. 

I would suggest to book an appointment for detailed consultation

Dear Mahadev,

Considering the facts, it would be wise to settle with the opposite party if their demand is reasonable as this would expedite the settlement and reduce the legal risks. Although the blood alcohol test is negative, the positive breath analyzer result may still cause problems, and most insurance policies exclude claims for drunk driving. If you choose to contest the case, then expect a protractedlegal battle and the denial of your insurance coverage. You may hire an attorney to settle for a fair settlement and make sure that the complaint is legally withdrawn to prevent any future litigations.

Dear sir 

Your case is critical to give any random reply on this public domain . Due to limitations, i would request you to contact me personally on phone or at my office for detailed consultation if any required.. We can help you . 

Thank you. Warm regards

- Adv Harshita Shah