- 1 - HC-KAR NC: 2025:KHC:38971 WP No. 29483 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 29483 OF 2025 (GM-RES) BETWEEN: 1. PREETHAM U. NAIK (DRIVER OF THE VEHICLE BEARING REGISTRATION NO. KA 01 MM 0189), S/O. UMESH NAIK P., AGED ABOUT 26 YEARS, R/A.NO.34/41, 13TH CROSS, 15TH MAIN, PADMANABHANAGAR, BENGALURU - 560 070. PERMANENT RESIDENT OF #33, 3RD MAIN, 10TH CROSS, AREKEMPANAHALLI, BANGALORE SOUTH, WILSON GARDEN, BENGALURU - 560 027. 2. VEDIK R., (OWNER OF THE VEHICLE BEARING REGISTRATION NO. KA 01 MM 0189), S/O. RAMESH S.V, AGED ABOUT 28 YEARS, R/A. NO.1 LAL BAGH, SIDDAPURA, JAYANAGAR 1ST BLOCK, BENGALURU SOUTH, BENGALURU - 560 011. …PETITIONERS (BY SRI. SHARATH S. KULKARNI, ADVOCATE FOR SRI. ARUN GOVINDRAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE STATION HOUSE OFFICER, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38971 WP No. 29483 of 2025 SAGAR RURAL POLICE STATION, SAGAR, SHIMOGA DISTRICT, REP. BY THE HCGP, HIGH COURT OF KARNATAKA, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. 2. RAGHAVENDRA B. J., S/O. A. B. JAYANNA, R/A. ASHOKA ROAD, SAGARA TOWN, SAGARA TALUK, SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R-1; SRI. DINESH M. BHAT, ADVOCATE FOR R-2) *** THIS WRIT PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023 PRAYING TO QUASH THE FIR DATED 03.09.2025 REGISTERED BY THE RESPONDENT NO.1 (PURSUANT TO A COMPLAINT LODGED BY THE RESPONDENT NO.2) IN CRIME NO.168/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 281 AND 125(a) OF BNS, 2023 AND SECTION 187 OF THE INDIAN MOTOR VEHICLES ACT, 1988 (ANNEXURE-A), ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking quashing of the proceedings pending in Crime No.168/2025 for the offence punishable under Sections 281 and 125(a) of the BNS, - 3 - HC-KAR NC: 2025:KHC:38971 WP No. 29483 of 2025 2023 and Section 187 of the Indian Motor Vehicles Act, 1988. 2. Today, a joint memo has been filed before this Court, duly signed by the petitioners/accused, the second respondent/complainant, and the victim, accompanied by the joint affidavit of the petitioners as well as the joint affidavit of respondent No.2 and his father. In the said joint memo, it is recorded that the petitioners and respondent No.2 have resolved their differences and have withdrawn all allegations made against each other. It is further stated that respondent No.2 and his father/victim have no subsisting claim of any nature against the petitioners, the dispute having been settled upon payment of a sum of `1,40,000/- by petitioner No.1/accused and owner of the vehicle. The memo also makes it clear that the said amount has already been paid by way of demand draft to respondent No.2/complainant. Respondent No.2, who is personally present before the Court, on being - 4 - HC-KAR NC: 2025:KHC:38971 WP No. 29483 of 2025 queried, has acknowledged the settlement and confirmed receipt of the demand draft. 3. It is no doubt true that while the offence punishable under Section 125(a) of the Bharatiya Nyaya Sanhita, 2023 is compoundable with the permission of the Court, the offence under Section 281 of the BNS, 2023 is non-compoundable. However, it is relevant to note that the crime itself was registered in relation to a road traffic accident which occurred on 02.09.2025. Since the complainant and victim have withdrawn the allegations relating to rash and negligent driving and have been duly compensated by payment of `1,40,000/-, the continuation of criminal proceedings would serve no fruitful purpose. On the contrary, to compel the parties to undergo trial despite an amicable settlement would amount to an abuse of the process of law. 4. In such circumstances, and to secure the ends of justice, this Court finds it just and proper to exercise its - 5 - HC-KAR NC: 2025:KHC:38971 WP No. 29483 of 2025 inherent jurisdiction under Section 482 of the Code of Criminal Procedure and quash the proceedings. ORDER (i) The petition is hereby allowed. (ii) The proceedings arising out of FIR dated 03.09.2025 in Crime No.168/2025 registered by Sagar Rural Police Station for the offences punishable under Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita, 2023, and under Section 187 of the Motor Vehicles Act, 1988, are hereby quashed insofar as the petitioners are concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BMV* List No.: 2 Sl No.: 75 CT: BHK