IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4575 OF 2019 BETWEEN:
SRI. ABHISHEK S/O SRI. K. NAGENDRA AGED ABOUT 27 YEARS RESIDING AT NO.314 NARASIMHA KRUPA, 6TH CROSS 1ST BLOCK, OPP: BBMP PARK HMT LAYOUT, NAGASANDRA POST DODDABIDARAKALLU VILLAGE BENGALURU-560 073 … PETITIONER (BY SHRI. M. ARUNA SHYAM, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY AJJAMPURA POLICE, TARIKERE CIRCLE THROUGH STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 2. SMT. SHANTHALAKSHMI S/O SRI. K. NAGENDRA AGED ABOUT 51 YEARS RESIDING AT NO.314 NARASIMHA KRUPA, 6TH CROSS 1ST BLOCK, OPP: BBMP PARK HMT LAYOUT, NAGASANDRA POST DODDABIDARAKALLU VILLAGE BENGALURU-560 073 ... RESPONDENTS (BY SHRI. K. NAGESHWARAPPA, HCGP FOR R1; SHRI. M. VIKAS, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR, COMPLAINT IN CR.NO.110/2019 FOR THE OFFENCE P/U/S 337,279,338,304A OF IPC ON THE FILE OF THE PRL.CIVIL JUDGE JR.DN AND JMFC COURT, TARIKERE, CHIKKAMAGALURU REGISTERED BY THE RESPONDENT POLICE, WHICH ARE PRODUCED HEREWITH AND MARKED AS DOCUMENT NO.1 AND 2 RESPECTIVELY.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Complainant-second respondent with her family members was traveling in a rental car. Her son who is first petitioner in this petition was driving the car. Due to bursting of tyre, driver lost control and the car dashed against a tree. Complainant’s father in law aged 94 years who was one of the inmates suffered fatal injuries and succumbed to the same on 17.05.2019. On 18.05.2019, the complainant gave statement of facts to the police. Accordingly, FIR No.110/2019 has been registered in Ajjampura Police Station, on 18.05.2019 alleging commission of offences punishable under Sections 279, 337, 338 & 304(A) of IPC.
2. Shri Arun Shyam, learned advocate for the petitioner submits that the incident occurred due to bursting of tyre and the deceased is none other than petitioner’s grand father. All inmates of the car are family members as also the witnesses to the incident. Petitioner is pursuing his higher studies in M.Sc. (Material Science) in Germany. Complainant and petitioner have resolved their dispute and have filed their respective affidavits along with a memorandum of settlement. Accordingly, he prays for quashing the criminal proceedings against petitioner.
3. Petitioner and second respondent are present before the Court. They are identified by their respective advocates. Complainant reiterating the contents of the affidavit submits that this petition may be allowed.
4. Shri K.Nageshwarappa, learned HCGP for the State submits that the offence is punishable under Section 304-A of IPC and investigation is not complete.
5. I have carefully considered rival contentions and perused the records.
6. Admittedly, deceased is father-in-law of complainant and grand father of petitioner. Petitioner was driver of an hired car and it is stated in the complainant’s statement before the police that the incident has happened due to bursting of one of the tyres of the car.
7. In paragraphs No.4 and 5 of the affidavit, complainant has stated that incident has occurred due to unavoidable circumstances. She and her family members who are the witnesses do not wish to continue the case. In these circumstances, though the offence alleged is punishable under Section 304-A IPC, if the stand of complainant and averments made in the complaint are considered logically, it may be extremely difficult for the prosecution to proceed further. In the circumstances, no useful purpose would be served in continuing the proceedings against the petitioner.
8. Resultantly, this petition merits consideration and it is accordingly allowed. All proceedings in Crime No.110/2019 registered in Ajjampura Police Station, now pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC Court, Tarikere, Chikamagaluru, are quashed.
No costs.
Sd/- JUDGE Yn.