The petitioner is sought to be prosecuted for the

offences punishable under Sections 304A, 337 and 279 of

IPC and Section 185 of the Indian Motor Vehicles Act.

- 3 -

Case of the prosecution is that, due to the rash and

negligent driving by the petitioner, the child of the

respondent Nos.3 and 4 succumbed to injuries.

The parties are present before this Court and have

filed an application under Section 320 r/w Section 482 of

Cr.P.C for compounding of the offences stating that they

have amicably resolved the dispute. In terms of the

settlement, the petitioner has agreed to pay a sum of

Rs.10,00,000/- in addition to the compensation of

Rs.25,00,000/- awarded by the M.A.C.T concerned in

M.V.C.No.1755/2021 and the respondent Nos.2 to 4 who

are the legal representatives of the deceased child have no

objection for quashing the impugned proceedings.

Learned High Court Government Pleader for the

respondent - State would submit that the offence

punishable under Section 304A of IPC is cognizable and

the same cannot be compounded.

- 4 -

5.

The offence punishable under Section 304A of IPC is

punishable with two years imprisonment or with fine or

with both. The respondent Nos.3 and 4 who are the legal

representatives

of

the

deceased

child

have

been

compensated suitably, in all a sum of Rs.35,00,000/-.

6.

Learned counsel for the parties have placed on

record the order passed by the High Court of Judicature at

Bombay in Crl.P.No.3163/2023, by which, in an identical

circumstances, the F.I.R registered against the driver of

the vehicle was quashed, in view of the settlement arrived

at between the parties and the legal representatives of the

deceased have been suitably compensated. Therefore,

having regard to the fact that the legal representatives of

the deceased have been suitably compensated and also

having regard to the fact that the offence punishable

under Section 304 of IPC is punishable with two years

imprisonment or fine or with both, it would not sub-serve

the ends of justice and secure the ends of justice to the

legal representatives of the deceased child, if the criminal

- 5 -

proceedings are allowed to continue. Accordingly,

I proceed to pass the following;

ORDER

(i) The criminal petition is allowed.

(ii) The impugned proceedings in C.C.No.450/2021

on the file of Metropolitan Magistrate Traffic

Court-IV, Bengaluru stands quashed.

Sri.Rajanna M, learned counsel files power on behalf

of respondent Nos.2 to 4.

Sd/-

JUDGE

GH

List No.: 2 Sl No.: 1