- 1 - HC-KAR CNR: KAHC010746322024 NC: 2026:KHC:49263 CRL.P No. 138 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 138 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: SHIVAKUMAR S/O. SHYAM, AGED ABOUT 45 YEARS, R/AT NO. 7-7, KODANKOOR NEW COLONY ROAD, PUTTUR, NITTUR, UDUPI-576 103. …PETITIONER (BY SRI. SRIKANTH N V.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY UDUPI TRAFFIC P.S., MALPE CIRCLE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. ABHIJITH S/O. SHYAM L KUNDER, AGED ABOUT 30 YEARS, R/AT NO. 9-136(A), LADI MUGERABETTU HOUSE, PRANTHYA VILLAGE, MOODABIDRE, MANGALORE CITY, D.K. DISTRICT-574 227. …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1; R2-SERVED) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010746322024 NC: 2026:KHC:49263 CRL.P No. 138 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.3618/2024 (CR.NO.24/2024) ON THE FILE OF II ADDL.CIVIL JUDGE AND J.M.F.C UDUPI INITIATED AS AGAINST THE PETITIONER / ACCUSED NO.1 BASED ON THE COMPLAINT FILED BY RESPONDENT NO.2 FOR THE OFFENCE P/U/S 279 OF IPC REGISTER BY UDUPI TRAFFIC P.S. IN SO FAR AS PETITIONER IS CONCERNED.I.A.NO.1/2024 FOR STAYI.A.NO.1/2024 FILED BY THE ADVOCATE FOR THE PETITIONER PRAYING TO STAY OF FURTHER PROCEEDINGS IN C.C.NO.3618/2024 (CR.NO.24/2024) ON THE FILE OF II ADDL.CIVIL JUDGE AND J.M.F.C UDUPI INITIATED AS AGAINST THE PETITIONER / ACCUSED NO.1 BASED ON THE COMPLAINT FILED BY RESPONDENT NO.2 FOR THE OFFENCE P/U/S 279 OF IPC IN SO FAR AS PETITIONER IS CONCERNED. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; “Quash the charge sheet in C.C. No. 3618/2024 (Crime No. 24/2024) on the file of II Additional Civil Judge and JMFC, Udupi initiated as against the petitioner/accused No. 1 based on the complaint filed by respondent No.2 for the offences punishable under Section 279 of IPC register by Udupi Traffic police station in so far as petitioner is concerned, in the interest of justice.” 2. A complaint and a counter-complaint were filed in respect of the very same incident. However, the complaint filed by the petitioner was not registered, whereas the complaint filed by respondent No.2 was - 3 - HC-KAR CNR: KAHC010746322024 NC: 2026:KHC:49263 CRL.P No. 138 of 2025 registered as Crime No.24 of 2024. Upon investigation, a charge sheet has been filed, which has culminated in C.C. No.3618 of 2024. 3. The submission of learned counsel for the petitioner was that the complaint which has been filed by the petitioner was not taken on record nor investigated. It is in that background, learned HCGP was called upon to enquire and make his submission. 4. Today, learned HCGP submits that the complaint filed by the petitioner was also taken into consideration, respondent No.2 was arrayed as accused in CC No.3618 of 2024 who has pled guilty and made payment of the fine amount and on that ground, she submits that even the complaint filed by respondent No.2 had been taken into consideration. 5. The facts are clear inasmuch as the occurrence of the incident, being an accident, is not disputed. The petitioner having lodged a complaint against respondent No.2 and respondent No.2 having, in turn, lodged a complaint against the petitioner, when the occurrence of the incident itself is admitted, the - 4 - HC-KAR CNR: KAHC010746322024 NC: 2026:KHC:49263 CRL.P No. 138 of 2025 question of this Court exercising its jurisdiction under Section 482 of the Cr.P.C. would not arise. 6. Hence, the petition stands dismissed, reserving liberty to the petitioner to agitate any defences that the petitioner may have in the pending proceedings. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 2