The High Court, in settling criminal proceedings, emphasizes the validity of mutual agreements in resolving disputes, allowing for quashing of FIR and chargesheet.

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. 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 MEΜΟ

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 Petition