Disposed

Karan Sachdeva Alias Karan Sachadev v. State of Karnataka

Karnataka HC13 Sept 2024CRL.P/9383/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of traffic-related criminal proceedings for offences under Sections 279 and 338 of the IPC arising from an FIR and charge sheet. The parties had settled disputes at the Motor Vehicles Tribunal and filed a joint memorandum of settlement with affidavits. Accepting the settlement as a dispute between private parties, the court quashed the proceedings.

What the court decided

AI extract

Karan Sachdeva Alias Karan Sachadev Vs State of… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:37875 CRL.P No. 9383 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9383 OF 2024

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BETWEEN:

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KARAN SACHDEVA ALIAS KARAN SACHADEV AGED ABOUT 38 YEARS, S/O. VINOD SACHDEVA, RESIDING AT C-201, ZENITH RESIDENCIES, KARLE TOWN CENTRE, ADJACENT TO NAGWARA LAKE, BENGALURU – 560 045.

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…PETITIONER

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(BY SRI ABHISHEK SRIRAM, ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA THROUGH HENNURU TRAFFIC POLICE STATION, REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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WASI ULLA KHAN AGED ABOUT 34 YEARS, S/O. INAYATH ULLA KHAN, RESIDING AT NO.15, 3^RD CROSS, MUNIVEERAPPA LAYOUT, SHAMPUR MAIN ROAD,

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NC: 2024:KHC:37875 CRL.P No. 9383 of 2024

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BENGALURU – 560 045.

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ARFAN KHAN

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AGED ABOUT 19 YEARS, S/O. TAHER KHAN, HAVING PERMANENT ADDRESS AT BRAHAMANKHALISA, DANTAN AT BRAHAMANKHALISA, DANTAN II DISTRICT, PASCHIM MEDINIPUR, WEST BENGAL – 721 443 ALSO AT MFAR GREEN HEART BUILDING, MANYATA TECH PARK, NAGWARA BENGALURU – 560 045.

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…RESPONDENTS

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(BY SMT.SOWMYA R., HCGP R-1; SRI SATVIK UPADYA, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.,(528 OF BNSS) PRAYING TO a) QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.22526/2023 PENDING AGAINST THE PETITIONER PENDING ON THE FILE OF THE HON’BLE MMTC-I, MAYO HALL, BANGALORE ARISING OUT OF THE COMPLAINT DTD 03.05.2023 (ANNEXURE-B) AND THE FIR BEARING CR.NO.55/2023 (ANNEXURE-A) REGISTERED BY THE RESPONDENT NO.1 AGENCY ON 03.05.2023, FOR THE ALLEGED COMMISSION OF OFFENCES P/U/S 279 AND 338 OF IPC AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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NC: 2024:KHC:37875 CRL.P No. 9383 of 2024

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ORAL ORDER

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The petitioner is before this Court calling in question proceedings in C.C.No.22526/2023, pending before the Metropolitan Magistrate (Traffic Court – I), Mayo Halli, Bengaluru, for the offences punishable under Sections 279 and 338 of the IPC.

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Learned counsel for the petitioner and respondent Nos.2 and 3 in unison submits that the parties to the lis were before the concerned Motor Vehicles Tribunal in M.V.C.No.3352/2023 and have settled their dispute amicably by drawing up certain terms and conditions before the tribunal. A photocopy of the memorandum of settlement is also appended to the petition and have filed joint memorandum of settlement and also separate affidavits of the parties before this Court to that effect.

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The affidavit of respondent No.2 - complainant reads as follows:

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“ 1. “I state that I have filed a Complaint against the Petitioner on 03.05.2023, thereafter, Respondent No. 1, Hennur Traffic Police Station registered an FIR bearing Cr. No. 0055/2023 against the Petitioner for offences under Sections 279 and 338 of the Indian Penal Code, 1860, the Respondent

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NC: 2024:KHC:37875 CRL.P No. 9383 of 2024

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No. 1/Prosecuting Agency has filed a charge sheet dated 04.06.2023 and C. C. No. 22526/2023 pending on the file of the Hon'ble Metropolitan Magistrate (Traffic Court - I), Mayo Hall, Bangalore, at the stage of summons.

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2. I state that, during the pendency of the abovementioned proceedings, the Petitioner, Respondent No. 3 and myself have amicably settled our disputes, and have entered into a comprehensive Memorandum of Settlement dated 11.09.2024.

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3. In view of the above Memorandum of Settlement, I state that the Petitioner, the Respondent No. 3 and myself have no objections to the quashing of the entire proceedings in CC No. 22526/2023 pending on the file of the Hon'ble Metropolitan Magistrate (Traffic Court - 1), Mayo Hall, Bangalore arising out of Complaint and FIR bearing Crime No. 0055/2023, the Charge Sheet/Final Report dated 04.06.2023 filed by the Respondent No. 1 Agency and the Order of the Hon'ble Metropolitan Magistrate (Traffic Court I), Mayo Hall, Bangalore dated 18.07.2023 taking cognizance of the said Charge Sheet/Final Report against the Petitioner.

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4. I humbly pray that this Hon'ble Court be pleased to consider the accompanying Joint Memorandum of Settlement filed by the Petitioner, Respondent No. 3 and myself and quash the entire proceedings against the Petitioner in CC No. 22526/2023 pending on the file of the Hon'ble Metropolitan Magistrate (Traffic Court - I), Mayo Hall, Bangalore arising out of Complaint and FIR bearing Crime No. 0055/2023, the Charge Sheet/Final Report dated 04.06.2023 filed by the Respondent No. 1 Agency and the Order of the Hon'ble Metropolitan Magistrate (Traffic Court- I), Mayo Hall, Bangalore dated 18.07.2023 taking cognizance of the said Charge Sheet/Final Report.”

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NC: 2024:KHC:37875 CRL.P No. 9383 of 2024

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In the light of the fact that the parties have arrived at settlement and since it is a dispute between the private parties, I deem it appropriate to accept the joint memorandum of settlement and the affidavits of the parties and terminate the proceedings against the petitioner, as the allegations are not against the State.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The criminal petition is disposed.

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(ii) The proceedings in C.C.No.22526/2023, pending before the Metropolitan Magistrate (Traffic Court – I), Mayo Halli, Bengaluru, stand quashed.

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I.A.No.1/2024 is also disposed, as a consequence.

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Sd/(M.NAGAPRASANNA)

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JUDGE

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NVJ List No.: 2 Sl No.: 54

Karan Sachdeva Alias Karan Sachadev v. State of Karnataka

Case brief

What is this about?

What the court decided

Karan Sachdeva Alias Karan Sachadev v. State of Karnataka

Case brief

What is this about?

What the court decided

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