Abhinandan S/O Ruresh Aralikatti vs State Of Karnataka
2024 Latest Caselaw 3404 Kant

Karnataka High Court

Abhinandan S/O Ruresh Aralikatti vs State Of Karnataka on 5 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                   -1-
                                                          NC: 2024:KHC-D:2452
                                                          CRL.P No. 100173 of 2024




                                   IN THE HIGH COURT OF KARNATAKA,
                                            DHARWAD BENCH
                               DATED THIS THE 5TH DAY OF FEBRUARY, 2024
                                                 BEFORE
                               THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                                 CRIMINAL PETITION NO. 100173 OF 2024
                      BETWEEN:
                      ABHINANDAN S/O RUDRESH ARALIKATTI,
                      AGE. 34 YEARS, OCC. PVT. SERVICE,
                      R/O. SANMATI NAGAR, DHARWAD,
                      DIST. DHARWAD-580008.
                                                                      ... PETITIONER
                      (BY SRI. GIRISH A. YADAWAD, ADVOCATE)

                      AND:

                      1.   STATE OF KARNATAKA,
                           R/BY HIGH COURT GOVERNMENT PLEADER,
                           THROUGH KOPPAL RURAL PS,
                           HIGH COURT OF KARNATAKA, DHARWAD.

                      2.   RAGHAVENDRA S/O AVINALEPPA HANASI,
                           AGE. 38 YEARS, OCC. FACTORY WORKER,
                           R/O. HOSAKANAKAPUR, TQ. KOPPAL,
                           DIST. KOPPAL-583228.
                                                                    ... RESPONDENTS
                      (BY SRI. P.N. HATTI, HCGP FOR R1;
         Digitally
         signed by
         MANJANNA
MANJANNA E
                       SRI. RAKESH M. BILKI, ADVOCATE FOR R2)
E        Date:
         2024.02.08
         11:08:50
         +0530

                             THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC.
                      SEEKING TO QUASH THE ENTIRE PROCEEDINGS REGISTERED
                      AGAINST THE PETITIONER IN CC NO.953/2023 ON THE FILE OF THE
                      ADDL. CIVIL JUDGE AND JMFC, KOPPAL (CRIME NO.11/2023 BEFORE
                      KOPPAL RURAL POLICE STATION) FOR THE OFFENCES PUNISHABLE
                      UNDER SECTION 279 AND 304A OF THE IPC, 1860 IN THE INTEREST
                      OF JUSTICE AND EQUITY.

                             THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                                     -2-
                                           NC: 2024:KHC-D:2452
                                           CRL.P No. 100173 of 2024




                                  ORDER

1. This petition is filed challenging the initiation of

criminal proceedings in CC.No.953/2023 registered for the

offences punishable under Sections 279 and 304-A of IPC.

2. Both parties along with the learned counsel

representing the respective parties are present.

3. Today, the petitioner has filed an application for

compounding the offences punishable under Sections 279 and

304-A of IPC on the ground that the family of the deceased had

initiated a claim for compensation under the Motor Vehicle Act and

have settled the dispute before the Lok-Adalath and received a

sum of Rs.22,50,000/- as compensation.

4. In view of the above, this would be a fit case to

compound the offence and quash the proceedings in the light of

the judgment rendered by the Hon'ble Apex Court in the case of

Gian Singh vs State Of Punjab & Anr reported in 2012(10)

SCC 303. Accordingly accepting the joint memo, the petition is

allowed in terms of the joint memo.

Sd/-

JUDGE

VB/CT:BCK