- 1 - HC-KAR NC: 2025:KHC:22832 CRL.P No. 8793 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8793 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI.THEJAS N. YADAV, S/O B. S. NARASIMHA, AGED ABOUT 28 YEARS, R/A NO.401, NCR RESIDENCY, 5TH CROSS, RK LAYOUT, PADMANABHA NAGARA, BANGALORE – 560 070 …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY BYNDOOR POLICE STATION, BYNDOOR, UDUPI – 576 214 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, VIDHANASOUDHA, BANGALORE – 560 001 2. PRASHANTH N. MOILY, S/O NARASIMHA, AGED 31 YEARS, R/A DURGI MANE, BANKESHWAR BYNDOOR TALUK, UDUPI – 576 214 3. V. H. RAVINDRA, S/O V. S. HANUMESH, AGED 65 YEARS, NO.34, GIRLS SCHOOL STREET, SESHADRIPURAM, BENGALURU – 560 020 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22832 CRL.P No. 8793 of 2025 4. NARASIMHA B. S., S/O SHIVALINGAPPA B. S., AGED ABOUT 55 YEARS, R/AT NO.401, NCR RESIDENCY, 5TH CROSS, R.K. LAYOUT, PADMANABHA NAGAR, BENGALURU – 560 070 …RESPONDENTS (BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1; SMT. SUDHA RAJU KAMBLE, ADVOCATE FOR PROPOSED R3 & R4) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FURTHER PROCEEDINGS IN C.C.NO.497/2022 PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC KUNDAPURA, (CR.NO.52/2022 OF BYNDOOR P.S) FOR THE OFFENCES PUNISHABLE UNDER SECTION 279, 338, 304A OF IPC PRODUCED AT ANNEXURE-C. 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 reliefs:- “(i) Quash the further proceedings in C.C.No.497/2022 pending before the Prl. Civil Judge and JMFC, Kundapura (Crime No.52/2022 of Byndoor Police Station) for the offences punishable under section 279, 338, 304(A) of IPC, produced at Annexure-C. (ii) Pass any other suitable order/s as this Hon’ble Court deems fit under the circumstances of the case, in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:22832 CRL.P No. 8793 of 2025 2. Learned counsel for respondent Nos.3 and 4 have filed a Joint Affidavit dated 27.06.2025 duly signed them and their respective counsel and the same is taken on record. 3. The petitioner appeared through video conferencing. Petitioner’s father – respondent No.4, respondent No.3 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- ““JOINT AFFIDAVIT We 1. V.H. Ravindra, S/o V S Hanumesh, Aged 65 years, No.34, Girls School Street, Seshadripuram, Bangalore – 560 020 and 2. Narasimha B. S., S/o Shivalingappa B. S., Aged about 55 years, R/a No. 401, NCR residency, 5th cross, RK Layout, Padmanabha Nagara, Bangalore – 560 070, do hereby solemnly affirm and state on oath as follows. 1. We submit that the Petitioner has filed the above petition to quash the criminal case registered in Crime No.52/2022 for the offence under section 279, 338, 304(a) of IPC in C.C.No.497/2022 of JMFC Byndoor. 2. We submit that our sons were on tour to Karwar and Udupi between 26.02.2022 to 02.03.2022. When they were returning back to Bangalore at 3:30 P.M. The petitioner was driving the vehicle bearing No. KA 05 ML 1915, the car hit the devider and electric pole and toppled upside - 4 - HC-KAR NC: 2025:KHC:22832 CRL.P No. 8793 of 2025 down, the co-passenger and friend of the Petitioner by name Akshay the son of Respondent No.3 succumbed on the spot as he got a major head injury. The son of the Respondent No.4 namely the Petitioner also suffered injuries. 3. We submit that on 08.07.2023, In Lok Adalat in MVC No.2283/2022, an amount of Rs.28 lakhs was directed to be released in favour of the Respondent No.3 and mother of the deceased. In addition to that I the deponent no.2 the Petitioner’s father have paid an amount of rupees 7,00,000/- to the deponent no.3 the father of the deceased as compensation. 4. We submit that now the Petitioner is perusing his post graduation in environmental technology at Flemingo university in Canada. The pendency of the criminal case is a hurdle for the further education of the Petitioner. Therefore our well wishers have advised decided to end the prosecution. The deponent No.1 father of the deceased Akshay do not want to proceed with the criminal case and don’t want the Petitioner suffering a criminal trial. 5. We submit that though the deponent No.1 is not arrayed as witness in the charge sheet by the police I am the main victim in the above charge sheet. - 5 - HC-KAR NC: 2025:KHC:22832 CRL.P No. 8793 of 2025 6. We submit that, from the interventions of elders and well wishers of both of us also on humanitarian reason by considering the future of the Petitioner we do not want the continuation of criminal proceeding as against the Petitioner. 7. We submit that the deponent No.1 never had any grievance as against the petitioner herein as such have no objection to allow the petition. Hence we respectfully pray that this Hon’ble Court may kindly be pleased to quash the criminal proceedings against the petitioner in C.C.No.497/2022 pending before the Prl. Civil Judge and JMFC, Kundapura, (Crime No.52/2022 of Byndoor Police station) for the offences punishable under section 279, 338, 304(A) of IPC, produced at Annexure-C in the interest of justice. We the deponents hereinabove do hereby stat and verify that what has been stated above at Paras are true to the best of our knowledge, information and belief and I believe them to be true.” 4. In view of the aforesaid settlement entered into between the petitioner, petitioner’s father – respondent No.4 and respondent No.4, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 27.06.2025. - 6 - HC-KAR NC: 2025:KHC:22832 CRL.P No. 8793 of 2025 (ii) The proceedings in C.C.No.497/2022 (arising out of Crime No.52/2022 of 1st respondent – Police) registered for the offences punishable under Sections 279, 338, 304(A) of IPC pending on the file of Principal Civil Judge and JMFC, Kundapura, insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 5 Sl No.: 26