- 1 - NC: 2025:KHC:8888 CRL.P No. 2627 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2627 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: MR. VIKAS KUMAR JAIN S/O LATE SRI NARENDRA KUMAR JAIN AGED ABOUT 43 YEARS AT FLAT NO.GA-01, GROUND FLOOR, SOWPARNIKA ROYAL SPLENDOR APARTMENTS, YASHASWINI CHOULTRY 10/4, HINKAL, MYSORE, VIJAYNAGAR MYSURU – 570 017. …PETITIONER (BY SRI. ABHILASH .H.S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BYKUMBALAGODU POLICE STATION, MAGADI SUB-DIVISION, RAMANAGARA-560074 2. MR.MAHESH KUMAR.D.G, S/O LATE GURURAJ.D.G, AGED ABOUT 28 YEARS R/AT 7TH WARD, SARASWATHI PURAM TURUVEKERE TOWN AND TALUK, TUMKUR-572 227. ALSO AT KURUBARA KARENAHALLI, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA, KARNATAKA …RESPONDENTS (BY SRI.THEJESH HCGP FOR R-1, SRI. VINAY SWAMY,ADVOCATE FOR R-2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8888 CRL.P No. 2627 of 2025 THIS CRL.P 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 a) QUASH THE COMPLAINT DTD 03.03.2019 AND 29.03.2019, PENDING ON THE FILE OF II ACJM, BENGALURU RURAL AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 relief:- “a) Quash the complaint dated 03.03.2019 and 29.03.2019 pending on the file of II Additional Chief Judicial Magistrate, Bengaluru Rural; b) To quash FIR in Crime No.0033/2019 dated 03.03.2019 registered by the Respondent No.1- Kumbalagodu Police Station, Ramanagara for the offences punishable under Section 279 and 337 of the Indian penal Code; c) To quash the order of taking cognizance and issuance of summons dated 22.11.2019, issuance of NBW dated 16.01.2020 by the II Additional Chief Judicial Magistrate, Bengaluru Rural and the filing of chargesheet bearing No.88/2019 dated 15.07.2019 in C.C.No.12633/2019 for the offence under Sections 279 and 304 (A) of Indian Penal Code; d) Consequently quash all other proceedings thereto against the Petitioner; and - 3 - NC: 2025:KHC:8888 CRL.P No. 2627 of 2025 e) To pass such other order, relief or orders deemed fit and proper in the facts and circumstances of the above petition, in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed a Joint Memo duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.1, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:- “JOINT MEMO “We, (1) Vikas Kumar Jain S/o Late Sri.Narendra Kumar Jain, Aged about 42 years, R/at Flat No.Ga-01, Ground Floor, Sowparnika Royal Splendor Apartments, Yashaswi Choultry 10/4, Hinkal, Mysore 570017, the Petitioner herein and (2) Mahesh Kumar D.G S/o Late Gururaj D.G, Aged about 28 years, currently residing at No. B2-61, Shamanwe Nilya, Judicial layout, Hejjala, Bidadi Hobli, Ramanagara Taluk and District, Ramanagara-562109, the Respondent No.2 herein, do hereby solemnly affirm and state on oath as follows: 1. The Petitioner and the Respondent No.2 state that the Respondent No.1 police registered an FIR dated 03.03.2019 on the basis of Complaint dated 03.03.2019 against the - 4 - NC: 2025:KHC:8888 CRL.P No. 2627 of 2025 Petitioner and another Complaint dated 29.03.2019 filed by the Respondent No.2 after the death of the deceased Late.Gururaj D.G. 2. The Petitioner and the Respondent No.2 state that charge sheet came to be filed on 15.07.2019 against the Petitioner for the offences punishable under Section 279 and 304A of the Indian Penal Code. Subsequently the II ACJM Bengaluru Rural took cognizance and directed for registration of criminal case against the Petitioner for the above said offences in CC.No.12633/2019 and NBW also came to be issued. 3. The Respondent No.2 states that his family including himself filed a motor vehicles compensation case in MVC No.2352/2019 before the Court of Small Causes, Bengaluru (SCCH-11) and the said claim also came to be settled before the Lok Adalat on 19.09.2020 for a sum of Rs.18,65,000/- (Rupees Eighteen Lakh Sixty Five Thousand Only) with the insurance company. 4. The Respondent No.2 states that he later came to know that the Petitioner only got the Second Respondent's father hospitalized by accompanying him in the ambulance and even paid the initial deposit amount at the Pulse Hospital, Girinagar Bengaluru and made sure that immediate medical assistance was given to his father and further came to know that there was no negligence on the part of the Petitioner in the said accident and the death was not caused due to any rashness or negligence on the part of the Petitioner. - 5 - NC: 2025:KHC:8888 CRL.P No. 2627 of 2025 5. The Petitioner and Respondent No.2 state that they have amicably entered into a settlement out of the Court and the second Respondent has expressed his willingness to settle the matter to put an end to the criminal proceedings in CC.No.12633/2019 arising out of Crime No.0033/2019 as no useful purpose would be served in prosecuting the Petitioner and have hence collectively agreed to report the settlement before this Hon'ble Court. 6. The Petitioner and Respondent No.2 state that they are filling this Joint Memo without any compulsion or force or corrosion or undue influence and the same is filed voluntarily by the Petitioner and Respondent No.2 out of their own will. 7. The Respondent No.2 states that there is no further claim against the Petitioner and all proceedings arising out of Crime No.0033/2019 and the proceedings pending before the II ACJM Bengaluru in CC.No.12633/2019 quashed and Change Sheet bearing No. 88/2019 dated 15.07.2019 may also be quashed. WHEREFORE, the Petitioner and Respondent No.2 pray that this Hon'ble Court be pleased to allow the above Petition in view of the above Joint Memo, in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 6 - NC: 2025:KHC:8888 CRL.P No. 2627 of 2025 ORDER (i) The petition is disposed of in terms of Joint Memo dated 25.02.2025. (ii) The proceedings in C.C.No.12633/2019 (arising out of Crime No.33/2019 of 1st respondent – Police) registered for the offences punishable under Sections 279 and 304 (A) pending on the file of II Additional Chief Judicial Magistrate, Bengaluru Rural, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 82