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2025 DAILYLAW 32550 (KAR)

RANI NALWA v. THE STATE OF KARNATAKA

CRL.P/10591/2023 · 2025-03-18

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:11056 CRL.P No. 10591 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10591 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: RANI NALWA, W/O SHRI SUDARSHAN SRINIVASAN, AGED ABOUT 47 YEARS, R/O NO.217, 5TH CROSS, 80 FEET ROAD, NEAR RAMAIAH HOSPITAL, BANGALORE - 560 094. …PETITIONER (BY SMT. RADHA JAYANTHI C.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH PEENYA TRAFFIC POLICE STATION, REPRESENTED BY ITS S.P.P., HIGH COURT OF KARNATAKA AT BENGALURU, BANGALORE - 560 001. 2. SMT. GEETHA, AGED ABOUT 49 YEARS, W/O RAMU, R/AT NO. 35, BANK COLONY, LAGGERE, BANGALORE - 560 058. …RESPONDENTS (BY SMT. RASHMI PATEL, ADVOCATE FOR R1; SMT. VEDASHREE A, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11056 CRL.P No. 10591 of 2023 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR NO.203/2017 DATED 06.04.2017, CHARGE SHEET NO.440/2017 DATED 19.08.2017, REGISTERED WITH PEENYA TRAFFIC POLICE STATION, BENGALURU PROCEEDINGS IN C.C.NO.5700/2017 AGAINST THE PETITIONER, FOR THE OFFENCE P/U/S 134(B) OF IPC U/S 279, 338 R/W SEC. 187, 3(1), 181, 5, 180 OF M.V. ACT, 1988. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER FIR in Crime No.203/2017 registered at Peenya Traffic Police Station for offences punishable under Section 279 and 337 of IPC and Section 134 (A and B), 187 of Indian Motor Vehicles Act, 1988 and the consequent proceedings in CC.No.5700/2017 pending before the Court of Metropolitan Magistrate (Traffic Court-3) Bangalore City, is sought to be quashed in this petition. 2. The aforementioned FIR came to be registered against the driver of a car bearing Reg.No.KA-04-MJ-4716, wherein the complainant/respondent No.2 has alleged rash and negligent driving against one Jeevan, an employee of M/s.Metro Ford Company, Hesarghatta Main Road situated - 3 - NC: 2025:KHC:11056 CRL.P No. 10591 of 2023 near Widia School bus stop, for causing accidental injuries to her son by name Shankar. 3. Charge sheet came to be filed against the said accused as well as the petitioner, registered owner of the vehicle in question. 4. The contention of the learned counsel for the petitioner is that, petitioner was not driving the vehicle when the accident took place, on the other hand the car was left for service at M/s. Metro Ford Service Station and its employee i.e., accused No.1 by name Jeevan while driving the car, caused the accident. 5. It is not in dispute that claim petition was filed by the injured Sri.Shankar in MVC.No.2555/2018 before the Court of I Additional, Small Causes Judge and ACJM and Motor Vehicles Accident Claim Tribunal, Bengaluru, wherein, certain compensation was awarded to him. It is observed that the cause of accident was on account of rash and negligent driving by one Jeevan, a person who was employed at the Service Station. Further, said - 4 - NC: 2025:KHC:11056 CRL.P No. 10591 of 2023 accused No.1-Mohan Kumar @ Jeevan has pleaded guilty before the learned Magistrate and he was sentenced to pay fine of Rs.3,000/- for the offences charge sheeted against him, as such, no criminal liability can be attributed against the petitioner and she cannot be held liable for the offence committed by Accused no.1. The continuation of proceedings against the petitioner is nothing but an abuse of process of the Court and accordingly liable to be quashed. Hence, the following: ORDER i. Petition is allowed. ii. Entire proceedings in CC.No.5700/2017 pending before the Court of Metropolitan Magistrate (Traffic Court-3), Bangalore City as against the petitioner is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 9 CT: BHK