Quashed

Naveen Rawat v. State of Karnataka

Karnataka HC1 Jun 2023CRL.P/1919/2023

Case brief

AI extract

What is this about?

This petition under Section 482 Cr.P.C. sought to quash criminal proceedings in C.C. No.5948/2019 regarding an industrial accident resulting in death. The Court noted a compromise had been reached and Lok Adalat had awarded compensation. Consequently, the proceedings against the petitioners were terminated.

What did the court decide?

Petition disposed of; Proceedings in C.C. No.5948 of 2019 qua the petitioners quashed.

Naveen Rawat Vs State of Karnataka — Quashing and FIR | Karnataka HC (2023)

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1 - CRL.P No.1919 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.1919 OF 2023

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BETWEEN:

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NAVEEN RAWAT

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S/O PREM SINGH RAWAT AGED 48 YEARS

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DIRECTOR OF HOLISOL LOGISTICS PRIVATE LIMITED WORKING AT A-1, CARIAPPA MARG, SAINIK MARG, SAKET, NEW DELHI - 110062

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MANISH AHUJA S/O GOPAL KRISHNA AHUJA AGED 40 YEARS,

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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DIRECTOR OF HOLISOL LOGISTICS PRIVATE LIMITED WORKING AT A-1, CARIAPPA MARG, SAINIK MARG, SAKET, NEW DELHI - 110062

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RAHUL S DOGAR S/O SURESH DOGAR, AGED 48 YEARS, DIRECTOR OF HOLISOL LOGISTICS PRIVATE LIMITED

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WORKING AT A-1, CARIAPPA MARG, SAINIK MARG,

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CRL.P No.1919 of 2023

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SAKET, NEW DELHI - 110062

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AJAY KANWAR S/O SUKHDEV SINGH KANWAR AGED 40 YEARS, HEAD, BUSINESS DEVELOPMENT,

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WORKING AT A-1, CARIAPPA MARG, SAINIK MARG, SAKET, NEW DELHI - 110062

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KULDEEP SINGH S/O RAJBEER SINGH AGED 40 YEARS, REGIONAL OPERATIONAL MANAGER NO.204, IST FLOOR, L.G. APARTMENT, OFF SAI GADRDEN, SEEGEHALLI, KADUGODI, BENGALURU - 560067

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AMEENUDDIN S/O GHOUSE MAHIUDDIN AGED 34 YEARS ASSISTANT MANAGER OF WAREHOUSE, FLAT NO. 205, 1ST FLOOR, LEAD GRANDEUR APARTMENT, SEEGEHALLI, KADUGODI, BENGALURU - 560067

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…PETITIONERS

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3 - CRL.P No.1919 of 2023

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(BY SRI. SANDESH J. CHOUTA, SENIOR ADVOCATE A/W SRI ABHISHEK WADIYAR, ADVOCATE FOR SRI A S VISHWAJITH., ADVOCATE)

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AND:

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STATE OF KARNATAKA REP BY KADUGODI POLICE STATION OPPOSITE BMTC BUS STAND, KADUGODI COLONY, KADUGODI, BENGALURU - 560067

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ALLABAKSHU S/O CHOTE SAB, AGED 49 YEARS R/AT 3-E, KORALURU VILLAGE, NADUVATHI POST, HOSKOTE TALUK, KASABA HOBLI, BENGALURU RURAL - 560067

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…RESPONDENTS

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(BY SMT. K.P. YASHODHA, HCGP FOR R1)

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CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.5948/2019 PENDING ON THE FILE OF I ADDL.C.J.M., BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONERS ARE CONCERNED; AND ETC.

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THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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CRL.P No.1919 of 2023

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O R D E R

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Heard learned Senior Counsel Sri Sandesh J. Chouta appearing for the petitioners.

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Petitioners have called in question the proceedings in CC No.5948 of 2019 registered for offences punishable under Section 304-A and 308 of the Indian Penal Code. The incident is the death of the son of the complainant. During the pendency of the aforesaid proceedings, the parties to the lis have entered into a compromise before the Court of Small Causes by drawing up certain conditions. Paragraphs 4 and 5 of the said petition for compromise reads as follows:

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" 4. The petitioners understand that criminal proceedings in C.C.No.5948 of 2019 have been initiated against (1) Mr. Naveen Rawat, Mr. Manish Ahuja and Mr. Rahul S. Dogar (directors of Holisol Logistics Private Limited); (2) Mr. Ajay Kanwar (Business Head); (3) Mr. Kuldeep Singh (Warehouse Regional Manager); and (4) Mr. Ameenuddin (Warehouse in-charge) under Sections 304-A and 308 of the Indian Penal Code, 1860m, which are still pending on the file of the Chief Judicial Magistrate, Rural Court, Bengaluru. The petitioners further categorically and specifically acknowledge that the accident that occurred in the warehouse on 13.12.2018 did not take place due to any fault, intention or knowledge of Mr. Naven Rawat, Mr. Manish Ahuja, Mr.

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CRL.P No.1919 of 2023

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Rahul S. Dogar, Mr. Ajay Kanwar, Mr. Kuldeep Singh and Mr. Ameenuddin.

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In the light of the amicable settlement of the matter, the petitioners hereby unequivocally state that no further cause of action or claims survive against respondent No.1 and they do not wish to pursue any criminal proceedings against the aforesaid directors and officers of respondent No.1. The petitioners have further agreed to swear on affidavit stating and grating their noobjection to quashing and withdrawal of all criminal proceedings in respect of the accident that took place on 13.12.2018, including CC No.5948 of 2019 pending on the file of Chief Judicial Magistrate, Rural Court, Bengaluru. "

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Noticing the factum of settlement aforequoted, the Lok Adalat passes an award recording the said compromise. The recording of compromise and the award passed, reads as follows:

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" LOK ADALATH BENCH NO.61/2022 "

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Perused the compromise petition filed by the parties u/o XXIII Rule 3 of CPC. As per the contents thereof in order to avoid long drawn litigation, the petitioners and respondent No.1 have arrived at an amicable settlement in respect of the matter in issue. In view of the settlement arrived at, the respondent No.1 has agreed to pay a sum of Rs.37,25,000/- to the

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CRL.P No.1919 of 2023

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petitioners as compensation for the death of their son - Sri. Mohammad Farooq who did on account of the injuries sustained during the course of his employment. In fact the respondent No.1 has handed over DD Nos.871505 and 871504 for a sum of Rs.18,62,500/each in favour of petitioners No.1 and 2 respectively. The receipt of the DDs is duly acknowledged by the petitioners No.1 and 2 in the order sheet.

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The contents of compromise petition are read over and explained to the parties. The parties have understood and admitted that the contents of compromise petition are true and correct. Perusal of the compromise petition makes it evident that the parties are compromising the matter voluntarily and the compromise arrived at is lawful. Therefore, I proceed to pas the following:

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O R D E R

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The compromise petition filed under Order XXIII Rule 3 of CPC is hereby allowed.

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The petition is allowed in terms of compromise. The compromise petition shall be read as part and parcel of the award.

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Draw award in terms of the compromise petition. "

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The complainants who have received the amount in

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terms of the award, have also filed their respective affidavits before this Court indicating the receipt of the aforesaid amount.

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CRL.P No.1919 of 2023

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Therefore, the complainants would be bound by the terms of the compromise which also recognises closure of this proceedings.

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In the light of the offences being the one punishable under Section 304-A of the Indian Penal Code and the complainants have received the compensation in terms of settlement, I deem it appropriate to terminate the proceedings qua the petitioners. For the aforesaid reasons, the following:

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O R D E R

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Petition disposed of;

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Proceedings in CC No.5948 of 2019 qua the petitioners on the file of the I Additional Chief Judicial Magistrate Bengaluru Rural is quashed.

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Sd/JUDGE

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LNN List No.: 1 Sl No.: 34

Naveen Rawat v. State of Karnataka

Case brief

What is this about?

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Naveen Rawat v. State of Karnataka

Case brief

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