- 1 - NC: 2025:KHC:9248 CRL.P No. 3007 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3007 OF 2025 BETWEEN: 1. SRI HABEEB ULLA S/O ABDUL REHAMAN AGED ABOUT 38 YEARS, RESIDENT OF HANEEF MOHALLA MANDYA ROAD NAGAMANGALA MANDYA DISTRICT -571 432. …PETITIONER (BY SRI. MOHAMMED MUJASSIM., ADVOCATE) AND: 1. STATE OF KARNATAKA TUMAKURU RURAL POLICE STATION TUMAKURU -572 101 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU -560 001. 2. SRI ROOPAK T P S/O LATE PRAKASH H S AGED ABOUT 38 YEARS, RESIDENT OF HOMBAKKA COMPOUND HEGGADE COLONY TUMKURU DISTRICT -572 101. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SMT. PRATHIBHA, ADVOCATE FOR SRI. N A CARIAPPA, ADVOCATE FOR R2) Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9248 CRL.P No. 3007 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.425/2019 FOR THE OFFENCE P/U/S 134(a) AND (b) AND 187 OF THE INDIAN MOTOR VEHICLES ACT, 1988 AND SEC. 279, 337 AND 304(A) OF IPC, PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, TUMKUR DISTRICT FILED BY RESPONDENT NO.1 (TUMKUR RURAL POLICE STATION). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader accepts notice on behalf of respondent No.1. 2. Smt. Prathibha and Sri N.A. Cariappa, learned counsels, file power on behalf of respondent No.2. The same is placed on record. 3. The petitioner, accused No.2, who is facing trial for offences punishable under Sections 134(a) & (b) and 187 of the Indian Motor Vehicles Act, 1988, and Sections 279, 337, and 304(A) of the Indian Penal Code, has approached this Court seeking relief. 4. The prosecution alleges that accused No.1 drove the car in a rash and negligent manner and collided with a motorcycle, causing the rider to fall and succumb to his injuries. The petitioner, arraigned as accused No.2, has - 3 - NC: 2025:KHC:9248 CRL.P No. 3007 of 2025 been implicated solely on the ground that the offending vehicle belongs to him. 5. The petitioner (accused No.2) and the de facto complainant are present before this Court and have filed a joint memo stating that the legal representatives of the deceased had filed a claim petition in MVC No.509/2019 seeking just and proper compensation. The matter was referred to the Mediation Centre to explore the possibility of an amicable settlement between the parties. As per the terms of the settlement, an agreement was entered into between the claimants and accused No.1, wherein the petitioner (accused No.2) agreed to pay a compensation amount of Rs.24 lakhs as full and final settlement of the claim made by the legal representatives of the deceased. 6. The petitioner (accused No.2) undertakes to pay the sum of Rs.24 lakhs to the claimants in the pending MFA before this Court. Respondent No.2 has agreed to withdraw all allegations made against the petitioner (accused No.2) and has no objection to quashing the impugned proceedings. 7. The joint memo is placed on record. 8. Although the offence under Section 304A is punishable with imprisonment of up to two years, a fine, - 4 - NC: 2025:KHC:9248 CRL.P No. 3007 of 2025 or both, in light of the settlement reached between the parties and the petitioner’s commitment to compensate the claimants, subjecting him to trial would serve no meaningful purpose. Since the probability of his conviction for the offence under Section 304A is remote and bleak and given that Section 304A does not apply to the petitioner, as he was not driving the offending vehicle at the time of the incident the continuation of criminal proceedings would constitute an abuse of the process of law. 9. Accordingly, I pass the following: ORDER i) The Criminal petition is allowed ii) The Impugned proceedings in C.C.No.425/2019, on the file of the 1st Additional Civil Judge (Jr.Dn.) & JMFC, Tumkur District, insofar it relates to accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 6