Settlement between parties after reckless driving accident no ground for stay of conviction: HC

The Kerala High Court held that a settlement reached between the parties in a road accident caused by rash and negligent driving would not be grounds for setting aside the conviction of the accused.

The Jobin Sebastian Court issued the order while considering a criminal review petition challenging a judgment convicting the petitioner of reckless driving and causing death by negligence. The accident dates back to August 2004 at NH Kollam-Alappuzha where the two wheeler of the accused collided with another two wheeler driven by the complainant’s husband and she succumbed to her injuries.

The trial court found the defendant guilty and sentenced him to simple imprisonment for one year, in addition to having his driving license revoked for six months. The Court of Appeal upheld the sentence, then appealed to the High Court, saying that the lower courts had not properly assessed the evidence. He further pleaded for leniency, stating that the matter was settled amicably between the parties and that the legal heirs of the victims received compensation under the Motor Vehicles Act.

The court also noted that the testimony of two eyewitnesses to the accident consistently established that the accused was driving at high speed and in a rash and careless manner. He further held that the offense under Section 304A IPC is non-compoundable. It cannot even be considered a private dispute because such crimes have a wider social impact.

However, the court added that some leniency could be shown without altering the fault finding because the parties settled their disputes over the accident case and compensation was awarded. The court further allowed the revision petition in part and modified the sentence under Section 304A to imprisonment pending appeal and ₹10,000 to the wife of the deceased. The review petitioner is scheduled to appear in the trial court on September 2 for sentencing.

Published – 8 Jul 2026 01:10 IST