- 1 - HC-KAR NC: 2025:KHC:33877 CRL.P No. 12345 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.12345 OF 2025 BETWEEN: 1. SRI. RANGASWAMAIAH, S/O GUDDAIAH, AGED ABOUT 60 YEARS, DUSTING OFFICER APMC YARD, BANGARPET TOWN, BANGARPET TALUK, KOLAR-563114 , AND R/AT NO.91, BENGANURU, BANGARPETE, KOLAR-563114. 2. SRI.ASHOK G.V., S/O K.VENKATESH, AGED ABOUT 38 YEARS, IN CHARGE MANAGER, APMC YARD, BANGARPET TOWN, BANGARPET TALUK, KOLAR-563114, AND R/AT NO.83, 9TH CROSS, SHREE NAGAR LAYOUT, BANGARPET, KOLAR-563114. …PETITIONERS (BY SRI. NANJUNDA GOWDA M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BANGARPET POLICE STATION, KOLAR, REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU-560 001. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33877 CRL.P No. 12345 of 2025 2. SMT. SARASAMMA, W/O KRISHNAPPA, AGED ABOUT 68 YEARS, R/AT GATTAMADAMANGALA VILLAGE, K.G.F. TALUK, KOLAR DISTRICT -563113. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. T.S.MANOHAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INCLUDING TAKING OF THE COGNIZANCE AGAINST THE PETITIONERS IN C.C.NO.217/2025 NOW WHICH IS PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC COURT, BANGARPET, KOLAR DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTION 106 OF BNS 2023 (CORRESPONDING SECTION 304A OF IPC). THIS 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 by the accused seeking quashing of the proceedings pending in C.C.No.217/2025 for the offence punishable under Section 106 of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 304A of IPC). - 3 - HC-KAR NC: 2025:KHC:33877 CRL.P No. 12345 of 2025 2. Respondent No.2/defacto complainant, who is the mother of the deceased, has now stated before this Court that she has amicably settled the dispute with the petitioners. In terms of the settlement, she has received a cheque for a sum of Rs.3,00,000/-, drawn on State Bank of India, Whitefield Branch, Bengaluru. 3. On a specific query from the Court regarding whether the deceased is survived by other legal heirs, learned counsel for respondent No.2/complainant as well as learned counsel for the petitioners submit that the deceased is survived by his widow and children. It is further submitted that a petition filed by the widow under the Workmen’s Compensation Act is pending consideration and that the petitioners are in the process of negotiating and deliberating a settlement of the claim with the widow and children as well. 4. On being satisfied that respondent No.2, the mother of the deceased, has voluntarily entered into the compromise, this Court finds it appropriate to consider the prayer for quashing the proceedings in C.C. No.217/2025, which relate to the offence punishable under Section 106 of the Bharatiya - 4 - HC-KAR NC: 2025:KHC:33877 CRL.P No. 12345 of 2025 Nyaya Sanhita, 2023 (corresponding to Section 304A of IPC). In this regard, this Court has also taken note of the principles laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab [(2012) 10 SCC 303] and more recently in Muthupandi v. State through the Inspector of Police, Nilakottai Station [2024 SCC OnLine SC 3686]. In paragraph 10 of the judgment in Muthupandi (supra), the Apex Court clarified that while the earlier position was that accidental death cases falling under Section 304A IPC ordinarily warranted imposition of sentence rather than imposing fine, the latest view recognizes that in a given set of facts, payment of compensation may constitute an adequate and just relief. 5. In light of the above authoritative pronouncements and considering the voluntary settlement entered into by respondent No.2, this Court is of the opinion that the dispute between the parties deserves to be given a quietus. Accordingly, the petition is allowed. The proceedings in C.C. No.217/2025, pending before the Court of the Principal Civil Judge and JMFC, Bangarpet, Kolar District, for the offence punishable under Section 106 of the Bharatiya Nyaya Sanhita, - 5 - HC-KAR NC: 2025:KHC:33877 CRL.P No. 12345 of 2025 2023 (corresponding to Section 304A IPC), insofar as they relate to the petitioners, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE MD List No.: 3 Sl No.: 98