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Accused under 376 dies after arrest


16-Sep-2023 (In Criminal Law)
If the main accused under sec 386 dies in judicial custody , before trial, does the case cease to exist. If the FIR also has sections 420,417,418 , 471 against him and his family , can the two parties go for mediation and settlement for money dispute after the death of main accused . Does the FIr have to be quashed in high court under sec 482 . Who will move high court for quashing ? Complainant or the accused ?
Answers (5)

Answer #1
991 votes
once said the Supreme court in the matter of state of U.P Vs. Randheer Singh if facts may make out a civil wrong as also a criminal offence. Only because a civil remedy is available may not be a ground to quash criminal proceedings. if in this case, no criminal offence has been made out in the FIR as per the Charge-Sheet so far as this the criminal proceedings can be quash.
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Advocate Rishabh Gupta

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Answer #2
555 votes
The case doesn’t end with it. The trial would go on for the rest of the accused. With regards to quashing of the case: you may move a quashing petition on mutual consent (both the parties.. accused as well as the complainant) before the concerned HC and under all likelihood, the case will get quashed. If you so require any assistance, please feel free to reach out. Regards
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Advocate Khalid Akhtar

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Answer #3
971 votes
In general if the offence is compoundable then legal heirs come into picture and then u can proceed further ! U need to hire expert advocate in this regard ! Kindly b in touch to discuss the matter in this regard
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Advocate D. Khan

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Answer #4
571 votes
There is no need to go for quashing in High court. The criminal case against the main accused ceases to continue. You can submit the death certificate of the Accused in the trial court and the trial court shall only continue the trial of other accused. if the death of accused took place in police custody and without medical ground ten the accused family can also get compensation from Government.
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Advocate Pratima Sharma

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Answer #5
542 votes
1. after death of one accused case against only the deceased stops, but continues against other accused persons 2. parties can go for settlement. after settlement quashing petition has to be filed in court 3. accused files for quashing in high court. should you have any questions please feel free to contact me
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Advocate Kunal Seth

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