- 1 - NC: 2025:KHC-D:1485 CRL.P No. 101854 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101854 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SMT. SAVITA W/O. ASHOK KANOJI AGE. 47 YEARS, OCC. TEACHER, R/O. R.N.SHETTY ROAD, SHIVAJI LAYOUT, HUBBALLI, DIST. DHARWAD-580020. …PETITIONER (BY SRI. DINESH M.KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, TRAFFIC POLICE (NORTH), HUBBALLI. 2. RAGHAVENDRA S/O. LAXMAPPA MALLIKERI AGE. 42 YEARS, OCC. POLICE OFFICER, R/O. BLOCK NO. 01, H.NO.3, RAJEEVNAGAR POLICE QUARTERS, VIDYANAGAR, HUBBALLI, DIST. DHARWAD-580021. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH ORDER DATED 01.04.2023 IN C.C.NO. 1615/2023 PASSED BY THE JMFC-III, HUBBALLI, IN TAKING COGNIZANCE OF THE OFFENCES P/U/SEC. 279, 338 OF IPC AND SEC. 196 OF THE IMVA, 1988 VIDE ANNEXURE-D AS NULL AND VOID AS NULL. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.29 15:27:25 +0530 - 2 - NC: 2025:KHC-D:1485 CRL.P No. 101854 of 2023 ORAL ORDER 1. The petitioner is being prosecuted for offences punishable under Sections 279 and 338 of the Indian Penal Code (IPC) and Section 196 of the Motor Vehicles Act, 1988. 2. The prosecution alleges that on 26.01.2023, while the complainant, a police officer, was driving a jeep from the police station towards the road, the petitioner, riding a two-wheeler in a rash and negligent manner, collided with the jeep. Respondent No. 2 lodged an FIR on 03.02.2023, alleging that the accident occurred due to the petitioner’s rash and negligent riding. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. 4. The petitioner contends that the accident occurred due to the rash and negligent driving of Respondent No. 2, which caused the petitioner to sustain injuries, requiring hospitalization. The petitioner filed a complaint with the jurisdictional police regarding the incident. However, the petitioner’s complaint was not considered, and an endorsement was issued stating that an FIR had already been lodged against the petitioner for offences under Sections 338 and 279 of IPC. It is further contended that Respondent No. 2 did not take any steps to file a complaint from 26.01.2023 to 03.02.2023 and that the FIR against the petitioner was lodged only after the petitioner filed a complaint. The petitioner claims that this was done to counteract and nullify the petitioner’s complaint. - 3 - NC: 2025:KHC-D:1485 CRL.P No. 101854 of 2023 5. In light of the above circumstances, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in CC No. 1615/2023, pending before the learned JMFC-III, Hubballi, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 55