Pawan Kumar Sinha S/o Late Manmohan Lal Sinha v. State of Karnataka
2026-01-12
S.R.KRISHNA KUMAR
body2026
DigiLaw.ai
ORDER : S.R.KRISHNA KUMAR, J. In this petition, petitioner seeks the following reliefs. A. Quash the FIR in Crime No. 44/2025 dated 07.03.2025 registered by Hebbal Traffic Police Station, Bengaluru for offences punishable under Sections 106(1) and 281 of the Bharatiya Nyaya Sanhita, 2023, currently pending in CC No.2591/2025 on the file of the Hon'ble Judicial Magistrate First Class (Traffic Court - V), Bengaluru City, annexed as ANNEXURE - A, at Page Nos.15-18. B. Quash the Complaint in Crime No.44/2025 dated 07.03.2025 registered before Hebbal Traffic Police Station, Bengaluru for offences punishable under Sections 106(1) and 281 of the Bharatiya Nyaya Sanhita, 2023, currently pending in CC No.2591/2025 on the file of the Hon'ble Judicial Magistrate First Class (Traffic Court - V), Bengaluru City, annexed as ANNEXURE-B, at Page Nos.19. C. Quash the Chargesheet bearing No.65/2025 dated 13.06.2025 in CC No.2591/2025 currently pending on the file of the Hon'ble Judicial Magistrate First Class (Traffic Court - V) Bengaluru City, for offences punishable under Sections 106(1), 125(b) and 281 of the Bharatiya Nyaya Sanhita, 2023 (Section 125(b) added at time of filing of the Chargesheet) arising out of FIR in Crime No.44/2025 dated 07.03.2025 registered by Hebbal Traffic Police Station, Bengaluru, annexed as ANNEXURE-D, at Page Nos.22-120. D. Quash the Entire Order Sheet in CC No.2591/2025 currently pending on the file of the Hon'ble Judicial Magistrate First Class (Traffic Court - V) Bengaluru City, for offences punishable under Sections 106(1), 125(b) and 281 of the Bharatiya Nyaya Sanhita, 2023 (Section 125(b) added at time of filing of the Chargesheet) arising out of FIR in Crime No.44/2025 dated 07.03.2025 registered by Hebbal Traffic Police Station, Bengaluru, annexed as ANNEXURE-E, at Page Nos.121. E. To grant such other relief/s deems fit to grant by this Hon'ble Court on the facts and circumstances of the case, in the interest of justice. 2. The petitioner is the sole accused in C.C.No.2591/2025 registered against the petitioner, pursuant to complaint lodged by second respondent/ defacto complainant for the offences punishable under Sections 281, 125(b), 106(1) of the BNS, 2023 registered by the first respondent police authorities. The impugned proceedings arise out of the demise of Smt.Nagamma., wife of second respondent/ defacto complainant in an alleged road traffic incident that is said to have occurred on 07.03.2025. The petitioner sole accused has assailed the legality and validity of the impugned proceedings in the present petition.
The impugned proceedings arise out of the demise of Smt.Nagamma., wife of second respondent/ defacto complainant in an alleged road traffic incident that is said to have occurred on 07.03.2025. The petitioner sole accused has assailed the legality and validity of the impugned proceedings in the present petition. In which there is an interim order passed by this Court in favour of the petitioner. It is a matter of record and undisputed fact that the second respondent also instituted claim proceedings in M.V.C.No.1717/2025 and M.V.C.No.1718/2025 claiming compensation and the Tribunal has awarded a compensation in a sum of Rs.55,00,000/- in favour of the second respondent. Accordingly, a joint memo along with an application for quashing of the present proceedings has been filed by both sides which read as under: "INTERLOCUTORY APPLICATION FILED BY THE PETITIONER UNDER SECTION 528 READ WITH SECTION 359 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023. For the reasons stated in the accompanying Joint Affidavit/ Memo, it is humbly prayed before this Hon'ble Court that it may be pleased to quash the proceedings in CC No. 2591/2025, arising out of Chargesheet bearing No.65/2025 in FIR in Crime No.44/2025 dated:07.03.2025 registered by Hebbal Traffic Police Station, Bengaluru for offences punishable under Sections 106(1), 281 & 125(b) of the Bharatiya Nyaya Sanhita, 2023, currently pending on the file of the Hon'ble Judicial Magistrate First Class (Traffic Court - V), Bengaluru City, in the interest of justice." "JOINT ME?? We, Pawan Kumar Sinha, S/o Late Monmohanlal Sinha, aged about 73 years, residing at A-206, Sobha Coral Apartment, Behind Jakkur Flying Club, Byatarayanapura, Jakkur, Bengaluru 560064, the Petitioner in the captioned Petition, And, Hanumanthappa BT, S/o.Late Thippeswami, aged about 42 years, residing at Boganahalli Village, Ghataparthi Post, Challikere Tq. Chitradurga, Karnataka-577543, currently camping in Bengaluru, the Respondent No. 2 in the captioned Petition, do hereby solemnly affirm and state on oath as follows: 1) That, the Petitioner has preferred the captioned Petition seeking to quash the proceedings in CC No. 2591/2025 arising out of Chargesheet bearing No. 65/2025 in FIR & Complaint in Crime No.44/2025 dated 07.03.2025, registered by Hebbal Traffic Police Station, Bengaluru, for offences punishable under Sections 106(1), 281 & 125(b) of the Bharatiya Nyaya Sanhita, 2023, where the Petitioner has been arrayed as the Sole Accused.
2) That, the Petitioner and the Respondent No. 2, in good faith, and on humanitarian grounds, have mutually decided to file this Joint Memo. Accordingly, the Petitioner and the Respondent No. 2 hereby agree & submit as follows: i. It is submitted that, from the intervention of elders and well-wishers of both the Petitioner and the Respondent No. 2, and on humanitarian grounds the Petitioner has paid and the Respondent No.2 has received, an amount of INR 8,00,000/- (Rupees Eight Lakhs only) by way of Demand Draft dated 09.01.2026 bearing No. 037808, drawn on Axis Bank, Sahakarnagar Branch, Bengaluru, in favour of the Respondent No.2. ii. It is submitted that, the incident dated 07.03.2025 occurred due to the Petitioner suffering from a medical seizure while driving his vehicle, as mentioned in the captioned Petition along with medical records. iii. It is submitted that, the Respondent No.2 has no objection whatsoever to the prayer sought for in the said Petition. iv. It is submitted that, the Respondent No.2, had also initiated proceedings under the Motor Vehicles Act, 1988, for claiming compensation from the insurer of the Petitioner, i.e., TATA AIG General Insurance Company Limited in MVC No.1717/2025 & MVC No.1718/2025 before the Motor Accident Claims Tribunal, Bengaluru City (SCCH-8). v. The insurer of the Petitioner, i.e., TATA AIG General Insurance Company Limited, on internal investigation and verification of all records, decided to settle the claims of the Respondent No.2 as per the insurance policy, having found no infirmity/ground to deny the same. Accordingly, the Petitions in MVC No.1717/2025 & MVC No. 1718/2025 were allowed as amicably settled for a full and final settlement of INR 32,00,000/- and INR 23,00,000/-, respectively, in favour of the Respondent No.2. vi. It is submitted that, in view of the above, and on humanitarian grounds, the parties have decided to settle all disputes, differences, claims and/or counter-claims, under or in relation to the proceedings in CC No.2591/2025 arising out of Charge sheet bearing No. 65/2025 arising out of FIR & Complaint in Crime No. 44/2025 dated 07.03.2025. 3) That, we have entered into this compromise/settlement out of our own will and consent and that it is not due to any undue force/coercion of any party/parties. 4) That, if the accompanying application is allowed, no prejudice would be caused to anyone.
3) That, we have entered into this compromise/settlement out of our own will and consent and that it is not due to any undue force/coercion of any party/parties. 4) That, if the accompanying application is allowed, no prejudice would be caused to anyone. On the other hand, if this Joint Memo is not allowed, the same would result in undue hardship and prejudice to the Petitioner. WHEREFORE, it is humbly prayed that, this Hon'ble Court may be pleased to allow this Joint Memo, in the interest of justice." 3. As could be seen from the joint memo, in addition to Rs.55,00,000/- already awarded by the M.A.C.T. in favour of the second respondent/ complainant, the petitioner is paying an additional sum of Rs.8,00,000/- vide Demand Draft dated:09.01.2026 bearing No.037808, drawn on Axis Bank, Sahakarngar Branch, Bengaluru, in favour of the second respondent who hereby acknowledges the receipt of the said sum from the petitioner towards full and final settlement of the claim of respondent No.2 as against the petitioner. 4. The joint memo and the payment are placed on record and the petition deserves to be disposed of in terms of the joint memo. ORDER i. The petition is hereby disposed of in terms of the aforesaid joint memo dated 12.01.2026. ii. The impugned proceedings in C.C.No.2591/2025 on the file of the Judicial Magistrate First Class (Traffic Court - V), Bengaluru City are hereby quashed. iii. It is made clear that the present compromise/settlement arrived at between the petitioner and respondent No.2 would not entitle the Insurance Company to challenge or question the award of the M.A.C.T., Bengaluru passed in favour of the second respondent/ complainant.