304a road accident

John Kraith (Querist) 02 October 2012 This query is : Resolved
Accused met with accident killing victim on the spot. Charged with 304a.
Car had no insurance, thus 2 cases
First for no insurance ended with Compromise between parties, complainant signed document stating money received and no objection on other case.
Complainant missing since.

Second case is Criminal case. 1 eye witness who has given his statement in court.

Judge from first case told accused that after the compromise both cases will close automatically.

Now lawyer says criminal case will not close till complainant comes again to give statement in criminal case.

What is the solution?
We thought the accused would be acquitted after the compromise or FIR quashed on basis of compromise.
Lawyer keeps pushing for next date and never gives a clear answer.
Please help..

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Guest (Expert) 03 October 2012
Don't pin the blame on lawyer. The lawyer is right in pushing for dates when the complainant is not appearing. Complainant has to appear to state that he does not want to pursue the matter. The civil case has no bearing on the criminal case.

Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court

prabhakar singh (Expert) 03 October 2012
A criminal case can not be dropped on the basis of compromise in civil compensation case.

Either produce the complainant for statement or press the court to close the case for latches on the part of prosecution.

It is court that is giving time to prosecution to produce complainant.

However you can oppose that court should close the case with a last opportunity.

John Kraith (Querist) 03 October 2012
Thank you for you replies.
I am not blaming anyone, just want to find out what should be the next step.

Complainant and Eyewitness have given statement in the Criminal Case.
Prosecution witnesses are over..
Compensation case is over, payment has been made to party.

What to do now?? How to get criminal case closed and acquit the accused.

Just want to know whether this case can be closed and the accused be free or
will the accused be convicted??

Neeraj Arora (9897136755) (Expert) 03 October 2012
I do agree with Mr. Prabhakar singh that A criminal case can not be dropped on the basis of compromise in civil compensation case.

John Kraith (Querist) 03 October 2012
So what should be our next step?
Please advice!

anil kumar (Expert) 03 October 2012
I agree with the experts that the Criminal Case for Offence under 304A IPC is non-compoundable as per Section 320 Cr.P.C. I am attaching a judgement of the SC directly on this point. Paste the link for web access of the above judgement.

http://www.ebc-india.com/practicallawyer/index2.php?option=com_content&itemid=1&do_pdf=1&id=9917

For lack of evidence the Court can acquit the accused if the complainant or the witnesses do not support the prosecution case and/or they turn hostile. Even I donot suggest moving High Court u/s 482 Cr.PC for quashing as chances are remote HC in some cases have quashed FIR in non-copoundable offences. In short the accused may have to face trial and get himself acquitted.

Guest (Expert) 04 October 2012
If the complainant appears in the court and informs the court that he does not want to pursue the matter any further, draft a compromise deed and file for quashing in the HC on the basis of such compromise.

Having said this, I am afraid the accused might be already too late to do this. The HC may refuse to quash the proceedings as the prosecution has already examined its witnesses. It may in all probability ask him to face the trial and prove his innocence.

J K Agrawal (Expert) 04 October 2012
A charge under section 304A IPC is not compromisable. Even the complainant comes in court and says that he want no relief the case will be carried on. The only way is to face the trial.

Even HC will not quash such a case even HC and SC are strict on punishments as the offense is not against a private person only. It is an offence against the State.

prabhakar singh (Expert) 04 October 2012
RELYING ON YOUR THIS STATEMENT
""Complainant and Eyewitness have given statement in the Criminal Case.Prosecution witnesses are over..""

I FIND THAT ONLY ORAL SUBMISSION CALLED ARGUMENT IS REQUIRED IN THE CASE WHICH SHOULD BE ADVANCED FIRST BY PROSECUTION SIDE THEN FROM YOUR SIDE.

WHY CASE IS BEING POSTED FOR DATES AFTER DATES IS REALLY STRANGE TO ME TOO.

Guest (Expert) 04 October 2012
Agree with the opinions of the experts.

JANAK RAJ VATSA (Expert) 07 October 2012
i reckon that the complainant had second thoughts on the amount of compensation. try and find him out and get to know his intention

Arun Kumar Bhagat (Expert) 02 November 2012
Next Stage 313 Cr.P.C i.e.examination of accused thereafter argument.

304a road accident

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