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2026 DAILYLAW 23115 (KAR)

SIDDESHA K M @ SIDDESH K M v. STATE OF KARNATAKA

CRL.P/8382/2026 · 2026-06-18

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30097 CRL.P No. 8382 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8382 OF 2026 BETWEEN: 1. SIDDESHA K M @ SIDDESH K M, S/O LATE CHANDRASHEKAR, S/O NIRMALA K M, AGED ABOUT 36 YEARS, R/AT #7/790, BASAVESWARA NAGARA KOTTURU BELLARY, KARNATAKA -583134. NOW R/AT 105, RAMAIAH MANSION, 2ND MAIN ROAD, PAI LAYOUT, BENGALURU-560016. 2. K V MANOJ, S/O K SUBBARAO, AGED ABOUT 35 YEARS, R/AT NO.303, ROHAN UPAVAN, BILESHIVALE MAIN ROAD, BYRATHI CROSS, HANUMANTHAPPA LAYOUT, BENGALURU-560077. …PETITIONERS (BY SRI ARAVINDA KAMATH P, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY THE INSPECTOR, KUDUR POLICE STATION, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30097 CRL.P No. 8382 of 2026 MAGADI, RAMANAGARA, REPRESENTED BY, THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. 2. PRAKASH H K, AGED ABOUT 47 YEARS, R/AT 205, 1ST CROSS, KEMPEGOWDA LAYOUT, PEENYA 2ND STAGE, BANGALORE-560058. …RESPONDENTS (BY SMT. M.M WAHEEDA, HCGP FOR R-1; SRI N SHIVARAM, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C TO A. QUASH ENTIRE PROCEEDINGS IN C.C.NO.2511/2024 ANNEXURE A AND ANNEXURE B ARISING OUT OF CR.NO.437/2023 REGISTERED BY KUDUR POLICE STATION, AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCES U/S.279,338,337 OF IPC 1860 AND SEC.196 OF MOTOR VEHICLES ACT 1988 PENDING BEFORE THE HON’BLE ADDL. CIVIL JUDGE AND JMFC, MAGADI, RAMANAGARA AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:30097 CRL.P No. 8382 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "1. Quash Entire Proceeding in CC. No 2511/2024 - ANNEXURE 'A' and ANNEXURE 'B', arising out of Cr.No. 437/2023 Registered by Kudur Police Station, against the Petitioners for the alleged offences under Sections 279, 338, 337 of the Indian Penal Code 1860 and Sections 196 of Motor Vehicles Act, 1988, pending before the Hon'ble Addl. Civil Judge and JMFC, Magadi, Ramanagara, on such terms as deemed fit to meet the ends of the justice. 2. Direct the Kudur Police station to release accident vehicle No. KA-03-NF-6330 ("The CAR I20") belonging to the Petitioner No 2, which was seized under the PF NO. 4/2024 in Cr No. 437/2023, unconditionally in pursuant and in the event of quashing of CC 2511/2024, Pending before Additional Civil Judge and JMFC Magadi, 3. Pass any such order/orders as this Hon'ble Court deems fit, in the interest of Justice and equity." 2. Heard Sri.Aravinda Kamath P, learned counsel appearing for the petitioners, Smt.M.M.Waheeda, learned HCGP appearing for respondent No.1, Sri.N.Shivaram, learned counsel appearing for respondent No.2 and have perused the material on record. - 4 - HC-KAR NC: 2026:KHC:30097 CRL.P No. 8382 of 2026 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and the second respondent-complainant has filed a Settlement affidavit. The said Settlement Affidavit reads as follows: “I Prakash H K, S/o Kullappa, Aged about 45 years, Residing at. 205, 1-Cross, Kempegowda Layout, Peenya 2nd Stage, Bangalore Karnataka-560058, do hereby solemnly affirm and state on oath as follows:. 1. I state that I am the Respondent No.2 / complainant in the above case and I am well acquainted with the facts and circumstances of the case and hence competent to swear to this affidavit. 2. I state that the above case in C.C. No. 2511/2024 arises out of Crime No. 437/2023 of Kudur Police Station for the offences punishable under Sections 279, 338, 337 of IPC and Section 196 of Motor Vehicles Act, registered based on my complaint in respect of a road traffic accident involving vehicle bearing Registration No. KA-03-NF-6330. 3. I state that subsequently, the matter between myself the petitioner was settled amicably and a Joint Memo was filed in MVC No. 1492/2024 before the Hon'ble Court of Small Causes (SCCH-23), Bengaluru, wherein it was agreed that a total compensation 9,00,000/- (Rupees Nine Lakhs only) would be paid to me in full and final settlement. 4. I state that As per the terms of the said Joint Memo: • 1st Instalment: Rs. 4,00,000/- paid on 12.01.2026 (by cash and cheque), which I have received. • 2nd Instalment: Rs. 2,50,000/- payable on or before 12.02.2026. • 3rd Installment: Rs. 2,50,000/- payable on or before 31.03.2026. - 5 - HC-KAR NC: 2026:KHC:30097 CRL.P No. 8382 of 2026 5. I state that the 2nd and 3rd instalments were not paid within the agreed time by Petitioner Nc.2 as per the Joint Memo. It is further stated that the petitioner had informed that a Demand Draft bearing No. 015259 dated 04.03.2026 for Rs.5,00,000/- was prepared towards the balance amount, however, the same was not produced or handed over within the agreed time. 6. I further state that due to communication gap and delay in arranging payment, there was delay in compliance of the settlement terms. However, at present, the dispute between the parties has been resolved and I am satisfied with the settlement arrived at. 7. I state that in the view of the above settlement, I am satisfied with the compensation agreed between the parties and I do not intend to proceed further against the petitioners. I submit that I have no objection if this Hon'ble Court considers the matter for appropriate orders including quashing, however, I respectfully submit that I am not expressing any opinion or request in that regard and I leave it to the wisdom of this Hon'ble Court, and I shall abide by any order passed by this Hon'ble Court. 8. I state that the vehicle bearing Registration No. KA- 03-NF-6330 was involved in the above case was subject matter of P.F. No. 4/2024 of Kudur Police Station, arising out of Crime No. 437/2023, which is now pending in C.C. No. 2511/2024. I submit that the said vehicle belongs to Petitioner No.2. 9. I further state that I have no objection for release of the said vehicle in favour of the rightful owner, however, I do not seek to direct this Hon'ble Court in any manner, and I respectfully submit that this Hon'ble Court may pass appropriate orders as it deems fit, and I shall abide by such orders. 10. I further state that the compromise has been entered into out of my free will, consent and volition, without any coercion, undue influence or pressure from any side. - 6 - HC-KAR NC: 2026:KHC:30097 CRL.P No. 8382 of 2026 11. I state that I shall not initiate or pursue any further proceedings against the petitioners in respect of the same cause of action and matter stands settled between us. 12. I state that the contents of this affidavit are true and correct to the best of my knowledge, information and belief” 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of Settlement Affidavit being filed as quoted supra and offences not being against the State, I deem it appropriate to accept the Settlement Affidavit and terminate the proceedings against the petitioners in the subject petition. 6. The petitioners hands over a demand draft of Rs.5,00,000/- which is accepted and acknowledged by the counsel appearing for the complainant. 7. In the light of the settlement and the closure of the proceedings, the vehicle that is seized by the Investigating Officer at the time of conduct of investigation shall be released in favour of the petitioners without brooking any delay. - 7 - HC-KAR NC: 2026:KHC:30097 CRL.P No. 8382 of 2026 8. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] Proceedings in C.C.No.2511/2024 pending before Addl. Civil Judge and JMFC, Magadi, Ramanagara, stands quashed qua the petitioners. [III] Kudur Police station is directed to release accident vehicle No.KA-03-NF-6330 ("The CAR I20") belonging to the Petitioner No.2, which was seized under the PF No.4/2024 in Crime No. 437/2023, unconditionally. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 87