Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6611 CRL.P No. 1948 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1948 OF 2025 BETWEEN:
RAVI PRAKASH N., S/O LATE ESHWAR BHAT, AGED ABOUT 56 YEARS, OWNER, SHREE PAINTS AND CHEMICALS, #284/3, CK FARM, NEAR GANGA INTERNATIONAL SCHOOL, NAGASANDRA POST, BANAGLORE CITY-560 073. …PETITIONER (BY SRI. KETHAN KUMAR, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY POLICE INSPECTOR, PEENYA STATION, *BENGALURU, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE. 560 001.
2. SURESH, S/O KABAREL, AGED 39 YEARS, R/AT VENKATESH BUILDING, KENGUNTE, OPPOSITE, AMBEDKAR COLLEGE, MALLATHALLI, BENGALURU CITY 560 056. …RESPONDENTS (BY SRI. THEJESH, H C G P FOR R1;
SRI. MEGHACHANDRA D.N., ADVOCATE FOR R2 )
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER, PENDING BEFORE XXXI ACJM COURT, BANGALORE, IN CC.NO.474/2024, FOR THE OFFENCE P/U/S 304(A) OF IPC, ANNEXURE-A, IN CR.NO.460/2023 REGISTERED BY THE PEENYA P.S., BANGALORE CITY.
*Corrected vide chamber order dated 04.03.2025 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:6611 CRL.P No. 1948 of 2025
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner has sought for the following reliefs:-
“Quash the entire proceedings against the petitioner, pending before XXXI ACJM Court Bangalore in C.C.No.474/2024, for the offences punishable under Section 304-A of IPC. (ANNEXURE-A) (Crime No.460/2023 registered by Peenya Police Station, Bangalore City).”
2.
Learned counsel for the petitioner – accused and
learned counsel for the second respondent – complainant have jointly filed an application under Section 359 read with Section 528 of BNSS for compromise duly signed by the petitioner, second respondent and their respective counsels and the same is taken on record. 3. The petitioner - accused and second respondent are physically present before the Court and they admit the contents of the application for compromise, which read as under:-
“1. It is submitted that, Petitioners herein filed the above Petition before this Hon'ble court to quash the criminal proceeding pending against the Petitioner before before XXXI ACMM Court, Bangalore in C.C. No. 474/2024 for the offences punishable U/s 304-A of IPC. - 3 -
NC: 2025:KHC:6611 CRL.P No. 1948 of 2025
2. It is submitted that, Respondent No.2 had filed complaint against the petitioner herein alleging that, he is the daily wage laborer and his wife Smt. Shwetha was working in Shree paints and Chemicals from past three years and engaged in packing works. And that on 07.11.2023 at around 4.30 he received call from the Owner i.e Petitioner herein saying that, there was mishap in the factory and his wife was injured. The complainant further stated that when he rushed to the factory and when he reached to the factory the co-worker Mr. Basha informed him that when Shewtha was working near the paint mixing machine, her hair got stuck to the machine and got hit to the said machine resulting in severe head injury and bleeding due to which she died. The complainant further alleged that, due to the lack of safety measures and training and due to the negligence of the owner of the factory said mishap had occurred resulting in death of his wife. On the basis of complaint of the Respondent No.2 registered FIR in CRIME No. 460/2023 for the offence Punishable U/s 304-A of IPC. Respondent police after completion of investigation filed charge sheet against this petitioner arraigning him as Accused for the offences punishable under Section 304-A of IPC and proceedings were initiated before XXXI ACMM Court, Bangalore in C.C. No. 474/2024. 3.
It is submitted that, from the interventions of elders and well wishers of both petitioner and Respondent No.2, and also on humanitarian reason by considering the future of the minor son of the deceased and Respondent No.2 Petitioner has paid Rs.8,00,000/- to the Respondent No.2 which has been kept in fixed deposit in the name of the son of the
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NC: 2025:KHC:6611 CRL.P No. 1948 of 2025
Deceased and Respondent No.2 herein and the Respondent herein had also under taken that, he would not claim any further compensation nor initiate any legal action against the Petitioner. Respondent No.2 had also stated that he does not want the continuation of criminal proceeding as against the Petitioner. 4. It is submitted that, Respondent No.2 suggested that the best viable option to come out of this criminal proceeding is to approach the Hon'ble High Court and state before the court that complainant has no intention to prosecute the Petritioners. 5. It is submitted that, Respondent No.2 /complainant never had any grievance as against the Petitioners herein and Respondent No.2 hereby withdraws all allegation made against the petitioners and Respondent No.2 has no objection to allow the Petition. Wherefore, Petitioners and Respondent No.2 most respectfully prays that this Hon'ble Court may kindly be pleased to quash the criminal proceedings against the Petitioner criminal proceedings pending against us before XXXI ACMM Court, Bangalore in C.C. No. 474/2024 for the offences punishable U/s 304-A of IPC in the interest of justice."
4. In view of the aforesaid settlement entered into between the petitioner and the second respondent, I pass the following:
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NC: 2025:KHC:6611 CRL.P No. 1948 of 2025
ORDER
(i) The petition is disposed of in terms of the application filed under Section 359 read with 528 of BNSS for compromise dated 13.02.2025.
(ii) The proceedings in C.C.No.474/*2024 (arising out of Crime No.460/2023 of first respondent – Police) registered for the offence punishable under Section 304(A) of IPC, pending on the file of the XXXI ACJM, Bengaluru, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
RB
*Corrected vide chamber order dated 04.03.2025