- 1 - NC: 2025:KHC:15499 CRL.P No. 11375 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 11375 OF 2024 BETWEEN: DR. B.K. RAGHAVENDRA, AGED 47 YEARS, S/O B.V. KRISHNA SASTRY, R/A NO. 104 VIJAYA, 5TH MAIN, 4TH CROSS, BSK 5TH STAGE, VTC, OPP PATALAMMA TEMPLE, BANGALORE - 560 061. ADDRESS AS PER AADHAR. …PETITIONER (BY SRI. VENKATESH R. BHAGAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, MADIVALA POLICE STATION, BANGALORE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. PRASANNA AGED ABOUT 43 YEARS, S/O H.A. APPAIAH, R/A NO. 357, 29TH A MAIN, 9TH CROSS, 1ST SECTOR, HSR LAYOUT, BANGALORE - 560 102, KARNATAKA. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; R2 - SERVED) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15499 CRL.P No. 11375 of 2024 C.C.NO.1232/2015 FOR OFFENCE P/U/S 304 OF THE IPC (ORIGINALLY PENDING ON THE FILE OF III ADDL. CMM COURT AT BANGALORE) PRESENTLY PENDING ON THE FILE OF 39TH ACJM BANGALORE AT ANNEXURE-A AND A1 RESPECTIVELY AND CONSEQUENTLY QUASH THE ENTIRE FURTHER PROCEEDINGS PURSUANT THERETO IS CONCERNED. 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 petitioner, a qualified anesthetist, is before this Hon’ble Court seeking relief in connection with proceedings initiated under Section 304 of the Indian Penal Code, 1860 (IPC). The prosecution alleges that on 06.01.2013, while working on-call at a hospital, the petitioner administered anesthesia to a three-year-old child named Shirish, who subsequently died due to an alleged overdose. 2. It is pertinent to note that Accused No.2 had previously challenged the order passed by the competent authority, which removed his name from the Karnataka Dental Council Register for two years. In those proceedings, a settlement was reached between the parents of the deceased child, the petitioner, and other accused parties. As per the terms of the settlement, the parents were compensated with a sum of ₹15,00,000/-. Furthermore, the parents have agreed to withdraw all - 3 - NC: 2025:KHC:15499 CRL.P No. 11375 of 2024 allegations against the petitioner and have no objection to the quashing of the criminal proceedings. 3. In the landmark judgment of Dr. J.J. Merchant & Ors v. Shrinath Chaturvedi, (2002) 6 SCC 635, the Hon’ble Supreme Court emphasized the importance of providing a simple, inexpensive, and speedy remedy to consumers with complaints against defective goods and deficient services. The Court observed: "One of the main objects of the Consumer Protection Act is to provide speedy and simple redressal to consumer disputes and for that a quasi-judicial machinery is sought to be set up at the district, State and Central level. These quasi-judicial bodies are required to observe the principles of natural justice and have been empowered to give relief of a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for non- compliance of the orders given by the quasi judicial bodies have also been provided. The object and purpose of enacting the Act is to render simple, inexpensive and speedy remedy to the consumers with complaints against defective goods and deficient services and the benevolent piece of legislation intended to protect a large body of consumers from exploitation would be defeated". 4. Applying the principles laid down in the aforementioned judgment, and considering the amicable settlement between the parties, it is evident that continuing the criminal proceedings would not serve the ends of justice. The likelihood of conviction is remote, and - 4 - NC: 2025:KHC:15499 CRL.P No. 11375 of 2024 the continuation of such proceedings would amount to an abuse of the process of law. ORDER i. The Criminal petition is allowed. ii. The impugned proceedings in C.C.No.1232/2025 pending on the fie of 39th ACJM, Bengaluru and consequential proceedings in Spl.C.CNo.207/2025 on the file of 50th Addl. City Civil and Sessions Judge, Bengaluru are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 66 CT: BHK