Can a private deal override criminal proceedings?

The family of a construction worker killed after a private car ran onto a footpath in the capital’s Baridhara has signed a Tk9 lakh settlement with the family of the 17-year-old boy accused in the case.

Defence lawyer Alamgir Hossain disclosed the settlement after the teenager was produced before a Dhaka court on Thursday. “The case has been settled with the victim’s family for Tk9 lakh. We will seek bail for the accused and submit the settlement document on the day of the bail hearing,” he said.

Settlement raises legal question

However, the private settlement raises legal questions as the case was filed under Sections 98 and 105 of the Road Transport Act, 2018.

Under Section 117 of the Act, offences under Sections 98 and 105 are non-bailable, while the law specifies a separate list of offences that are compoundable. Sections 98 and 105 are not among those compoundable offences.

Section 98 provides punishment for causing loss of life or property through speeding, reckless driving, dangerous overtaking, overloading or uncontrolled driving, with imprisonment of up to three years, or a fine of up to Tk3 lakh, or both. Section 105 deals with serious injury or death resulting from motor vehicle accidents and provides, in cases of reckless or negligent driving, for up to five years’ imprisonment, or a fine of up to Tk5 lakh, or both.

Therefore, a private settlement does not by itself make the case compoundable under the Road Transport Act.

Deal contradicts police findings

According to the police investigation, preliminary evidence indicates that teenage Azan Ali Sharif was driving the car when it crashed. Police said CCTV footage showed him getting out through the driver’s side immediately after the accident.

However, the settlement deed states that Akash Mark was driving the car and that Azan was seated beside him.

The deed says Tk1 lakh was paid for Mehedi’s burial and religious rites, while another Tk8 lakh was provided for the future needs of his elderly parents. It also says the victim’s family agreed to provide legal cooperation regarding the disposal or withdrawal of the case and bail for Azan and Akash, subject to court procedure and existing law. 

What legal experts say

Under the settlement, the victim’s family will appear before the court to express no objection to bail for Azan and Akash and take steps for withdrawal of the case.

Legal experts say a private settlement cannot itself convert a non-compoundable offence into a compoundable one. The effect of the agreement on bail or other proceedings will depend on the applicable law and the court’s decision.

Supreme Court lawyer Ishrat Hasan said there was no scope for withdrawing a GR case through settlement when the offence was non-compoundable.

“In such GR cases, the state itself is the complainant and conducts the proceedings. Therefore, even if the victim’s family agrees to a settlement, the case will not come to an end,” she said.

She said such settlements could nevertheless make prosecution difficult if the complainant or witnesses subsequently stopped appearing in court or became unwilling to give evidence.

Supreme Court lawyer Manzill Murshid warned that out-of-court settlements in criminal cases could send a bad message that people with money could avoid accountability by paying compensation.

Such settlements could also benefit an accused if the victim’s side later raises no objection to bail or witnesses fail to appear, he said.

However, the latest police position is that the settlement will not affect the investigation. Ziaur Rahman, additional deputy commissioner of the Gulshan Traffic Zone of Dhaka Metropolitan Police, said legal proceedings were continuing despite the agreement.

What happened that day

The accident occurred around 5pm on 22 September on Road No. 1 in the Baridhara Diplomatic Zone under Gulshan Police Station.

A speeding private car lost control, mounted the footpath and hit construction worker Mehedi Hasan Mim, who was sitting there. He suffered serious injuries and was taken to Kurmitola General Hospital, where doctors declared him dead. The car later hit a streetlight pole.