- 1 - HC-KAR NC: 2025:KHC:22577 WP No. 18406 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18406 OF 2025 (GM-RES) BETWEEN: SRI. MAHAVEER KOTHARI, S/O SUVALAL KOTHARI, AGED ABOUT 50 YEARS, R/O NO. 38, 3RD 'B' MAIN, 2ND PHASE, MANJUNATHNAGAR, BENGALURU – 560 010 …PETITIONER (BY SRI. PREREET JAIN B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY VIJAY NAGAR TRAFFIC POLICE STATION, BANGALORE. (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 01.) 2. SRI. MANJUNATHA K. C., S/O LATE CHANDRAIAH SHETTY, AGED ABOUT 43 YEARS, R/O NO. 41/A, GIRI RANGA NILAYA, 4TH MAIN, 4TH CROSS, 2ND STAGE, BEHIND DATTATHREYA TEMPLE, MANJUNATHNAGAR, BENGALURU – 560 010 …RESPONDENTS (BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1; SRI. NITESH KUMAR SINGH, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATHIYA NAGRIK SURAKSHA SANHITHA, 2023 PRAYING TO Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22577 WP No. 18406 of 2025 QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 703/2025 (ARISING OUT OF CRIME NO. 78/2024 OF VIJAYNAGAR TRAFFIC POLICE STATION, BANGALORE) PENDING ON THE FILE OF THE HON’BLE JUDICIAL MAGISTRATE OF FIRST CLASS (TRAFFIC COURT II), BANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 281 AND 125(B) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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) Issue Writ of Certiorari or any other appropriate writ quashing the entire proceedings in CC No. 703/2025 (Arising out of Crime No. 78/2024 of Vijaynagar Traffic Police Station, Bangalore) pending on the file of The Hon'ble Judicial Magistrate of First Class (Traffic Court II), Bangalore for the offences punishable under sections 281 and 125(B) of the Bharatiya Nyaya Sanhita (BNS), 2023 vide Annexure - 'D', and b) Pleased to pass any other order or directions as this Hon'ble court feels fit under the circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused and learned counsel for respondent No.2 – complainant have filed an application under Section 359 read with Section 528 of the - 3 - HC-KAR NC: 2025:KHC:22577 WP No. 18406 of 2025 Bharathiya Nagrik Suraksha Sanhitha, 2023 jointly filed by petitioners and respondent No.2 along with accompanying affidavit, dated 26.06.2025, duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused, respondent No.2-complainant and their respective counsel are physically present before the Court and they admit the contents of the Application, which read as under:- “APPLICATION UNDER SECTION 359 READ WITH SECTION 528 OF THE OF THE BHARATHIYA NAGRIK SURAKSHA SANHITHA, 2023 JOINTLY FILED BY PETITIONERS AND RESPONDENT NO.2 The Petitioners and Respondent no.2 humbly submit as follows: 1. The Petitioner herein in CC No. 703/2025 (Arising out of Crime No. 78/2024 of Vijaynagar Traffic Police Station, Bangalore) pending on the file of The Hon'ble Judicial Magistrate of First Class (Traffic Court 11), Bangalore for the offences punishable under sections Sections 281 and 125(B) of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. The allegations against the Petitioner herein is that, the Petitioner herein On November 24, 2024, at approximately 4:00 PM, was driving a KWID car (ΚΑ- - 4 - HC-KAR NC: 2025:KHC:22577 WP No. 18406 of 2025 51-MK-8094) on 4th Main Road in Manjunathanagar, from north to south and he drove the vehicle at excessive speed and negligently hitting the Respondent No. 2 herein who was sitting on a Kadapa stone platform in front of house number 41/A on the same road. The car then collided with a nearby tree. As a result, Respondent No 2 herein sustained severe and serious injuries to his right leg, waist, and left heel. 3. It is respectfully submitted that the Petitioner herein on Humanitarian grounds and on his volition has taken Respondent No 2 to hospital and has paid for all of his treatments, his medicines, his lab tests, his operations, Doctor's fees and the Petitioner herein is also taking care of the expenses of Respondent No 2 aftermath of his discharge including the renting of a medical bed, his household expenses and even Respondent No. 2's children's school fees as well as all the grocery expenses as well. Petitioner herein has spent an amount of around Rs. 6,57,670/- for all the expenses incurred to Respondent No 2 from the date of accident till today. 4. Respondent No. 2 herein also duly acknowledges the same and due to the virtuous actions taken by the Petitioner herein to take care of Respondent No 2 and his family members, he wishes not to continue with the criminal proceedings and hence the present application. - 5 - HC-KAR NC: 2025:KHC:22577 WP No. 18406 of 2025 5. It is respectfully submitted before this Hon'ble Court that the Petitioner and Respondent No. 2 herein have amicable settled the matter amongst themselves and the said settlement is arrived at with their own free will and without any coercion and/or undue influence from anybody and the same is voluntarily arrived at. With full satisfaction, the above settlement was arrived at and reported before this Hon'ble Court today on 26.04.2025 at Bengaluru. Hence, the same may be accepted. WHEREFORE, it is prayed in view of the above said reasons this Hon'ble Court may be pleased to quash the entire proceedings in CC No. 703/2025 (Arising out of Crime No. 78/2024 of Vijaynagar Traffic Police Station, Bangalore) pending on the file of The Hon'ble Judicial Magistrate of First Class (Traffic Court II), Bangalore for the offences punishable under sections 281 and 125(B) of the Bharatiya Nyaya Sanhita (BNS), 2023, in the interest of Justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner-accused and respondent No.2-complainant, I pass the following: ORDER (i) The petition is disposed of in terms of application under Section 359 read with Section 528 of the Bharathiya Nagrik - 6 - HC-KAR NC: 2025:KHC:22577 WP No. 18406 of 2025 Suraksha Sanhitha, 2023, jointly filed by petitioner and respondent No.2, dated 26.06.2025. (ii) The proceedings in C.C.No.703/2024 (arising out of Crime No.78/2024 of 1st respondent – Police) registered for the offences punishable under Sections 281, 125(B) of the Bharatiya Nyaya Sanhita (BNS), 2023 pending on the file of Judicial Magistrate First Class (Traffic Court-II), Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 11