Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 87281 (KAR)

SRI. ALWIN SUMAN CRASTA v. SRI. NAVEENA M K

WP/29167/2025 · 2025-12-18

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:54440 WP No. 29167 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29167 OF 2025 (GM-AC) BETWEEN: SRI. ALWIN SUMAN CRASTA S/O H.M. JOHN CRASTA AGED ABOUT 45 YEARS, RESIDENT OF NO.417, 10TH CROSS, SWARNASANDRA, NEAR RANGA MANDIRA, SWARNASANDRA, SUGAR TOWN, MANDYA - 571 402. …PETITIONER (BY SRI. VACHAN GOWDA, ADVOCATE) AND: 1. SRI. NAVEENA M.K, S/O. LATE KRISHNAMURTHY M.R, AGED ABOUT 31 YEARS, RESIDENT OF NO.207, 6TH CROSS, NEHARU NAGARA, POORVA BADAVANE, NEAR CHALUVAIAH PARK MANDYA - 571 401. 2. SMT. RAJESHWARI M.K, W/O SRI. SHIVAMDHU AGED ABOUT 37 YEARS, RESIDENT OF KOTHATHI VILLAGE AND HOBLI, MANDYA - 571 401. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54440 WP No. 29167 of 2025 3. KUM. SOWMYA M.K, D/O LATE KRISHNAMURTHY M.R, AGED ABOUT 25 YEARS, RESIDENT OF NO.207, 6TH CROSS, NEHARU NAGARA, POORVA BADAVANE, NEAR CHALUVAIAH PARK, MANDYA - 571 401. 4. SRI. SHIVANNA S/O KEMPAIAH AGED MAJOR, RESIDENT OF ARALALU SANDRA VILLAGE, HOSUR HOBLI, RAMANAGARA TALUK - 562 159. 5. THE BRANCH MANAGER, UNITED INDIA INSURNACE COMPANY LTD., NO.1119/B, KAMBLI BUILDING, M.C. ROAD, ASHOKANAGARA MANDYA - 571 401. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R5; NOTICE TO R1 TO R4 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE HONBLE MACT, MANDYA IN M.V.C.NO. 346/2021 ON I.A. FILED BY THE PETITIONER DTD. 18.08.2025 PRODUCED AT ANNX-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:54440 WP No. 29167 of 2025 ORAL ORDER 1. Sri. Janardhan Reddy, learned counsel is directed to accept notice for respondent No.5. 2. Notice to respondent Nos.1 to 4 is dispensed with in view of the proposed order to be passed. 3. Petitioner is before this Court seeking for the following reliefs: (a) Issue a Writ of Certiorari quashing the order passed by the Hon'ble MACT, Mandya in M.V.C No.346/2021 on I.A. filed by the Petitioner dated 18.08.2025 produced at Annexure-'E'. (b) Issue any other Writ/Writs as this Hon'ble Court deems fit in the facts and circumstances of the case. 4. The claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short "MV Act") having been filed for compensation in MVC.No.346/2021, the petitioner had filed an application under Section 10 of the Code of Civil Procedure for stay of those proceedings pending the culmination of the criminal proceedings, which had been initiated under Section 279 of the Indian Penal Code (IPC) on the ground that the petitioner has been falsely implicated and the said aspect would have to be decided by the Criminal Court seized of Section 279 of the IPC - 4 - HC-KAR NC: 2025:KHC:54440 WP No. 29167 of 2025 proceedings. The said application having been rejected, the petitioner is before this Court seeking for the aforesaid reliefs. 5. Having gone through the impugned order, I am of the considered opinion that the same cannot be faulted with inasmuch as the criminal proceedings and the compensation proceedings under Section 166 of the MV Act can simultaneously proceed. If at all the petitioner has a defense as regards his identity and/or the vehicle not being involved, it would be for the petitioner to establish the same in the civil proceedings. He cannot seek for the civil proceedings for compensation to be held up pending the adjudication of criminal proceedings 6. The petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 4