High Court Quashes Criminal Proceedings in C.C.No.260/2018 for Offence Under Section 304-A IPC — Parallel Proceedings Cannot Continue for Same Incident. The court held that parallel proceedings for the same incident cannot continue, following the principle laid down in Ananthakumar vs. State of Karnataka, AIR Online 2019 KAR 565.

High Court: Karnataka High Court Bench: KALABURAGI In Favour of Accused

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2026-05-18 16:59:05

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Case Note & Summary

The petitioners, G.V. Prasad and Balasubramaniam, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (old) and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of all further proceedings in C.C.No.260/2018 pending before the III Addl. Senior Civil Judge and JMFC-III, Raichur, for the offence punishable under Section 304-A read with Section 34 of the Indian Penal Code, 1860. The petitioners contended that parallel proceedings in respect of the very same incident cannot be allowed to continue, as the culmination of one set of proceedings would result in issue estoppel. The court, relying on the decision in Ananthakumar vs. State of Karnataka, AIR Online 2019 KAR 565, accepted the contention and quashed the proceedings. The court observed that the question involved had already been decided in the cited case, and therefore, the petition was taken up for final disposal. The court allowed the petition and quashed the proceedings in C.C.No.260/2018.

Headnote

A) Criminal Procedure - Quashing of Proceedings - Parallel Proceedings - Section 482 Cr.P.C./528 BNSS - The court held that parallel proceedings in respect of the very same incident cannot go on and the culmination of the same will result in issue estoppel - Following the decision in Ananthakumar vs. State of Karnataka, AIR Online 2019 KAR 565, the court quashed the proceedings in C.C.No.260/2018 pending on the file of III Addl. Senior Civil Judge and JMFC-III, Raichur, for the offence punishable under Section 304-A read with Section 34 of IPC. (Paras 1-3)

Issue of Consideration

Whether parallel criminal proceedings arising from the same incident can be allowed to continue when one set of proceedings has already culminated.

Final Decision

The criminal petition is allowed and all further proceedings in C.C.No.260/2018 pending on the file of III Addl. Senior Civil Judge and JMFC-III, Raichur, for the offence punishable under Section 304-A read with Section 34 of IPC, as against the petitioners, are quashed.

Law Points

Parallel proceedings for same incident cannot continue
Quashing of criminal proceedings under Section 482 Cr.P.C./528 BNSS
Principle of issue estoppel

Case Details

2024 LawText (KAR) (10) 27

Criminal Petition No.200662 of 2024

2024-10-22

Mohammad Nawaz

Shivanand Patil, Varun Patil

G.V. Prasad and Balasubramaniam

The State through Raichur Rural P.S. and Sanjeetkumar S/o Ramakant Paswan

Nature of Litigation

Criminal petition for quashing of proceedings

Remedy Sought

Quashing of all further proceedings in C.C.No.260/2018 pending before III Addl. Senior Civil Judge and JMFC-III, Raichur, for offence under Section 304-A read with Section 34 of IPC

Filing Reason

Parallel proceedings in respect of the same incident cannot continue

Issues

Whether parallel criminal proceedings arising from the same incident can be allowed to continue when one set of proceedings has already culminated.

Submissions/Arguments

Learned counsel for petitioners contended that parallel proceedings leading to parallel act in respect of the very same incident cannot go on and the culmination of the same will result in issue estoppel.

Ratio Decidendi

Parallel proceedings in respect of the very same incident cannot go on and the culmination of the same will result in issue estoppel. Following the decision in Ananthakumar vs. State of Karnataka, AIR Online 2019 KAR 565, the proceedings were quashed.

Judgment Excerpts

Since, the question involved in this case is already decided in the case of Ananthakumar vs. State of Karnataka, reported in AIR Online 2019 KAR 565, instant petition is taken up for final disposal. It is contended by the learned counsel for petitioners that parallel proceedings, leading to parallel act in respect of the very same incident cannot go on and the culmination of the same, will result in issue estoppel.

Procedural History

The criminal petition was filed under Section 482 Cr.P.C. (old) and Section 528 BNSS Act-2023 seeking quashing of proceedings in C.C.No.260/2018. The court, finding that the question involved was already decided in Ananthakumar vs. State of Karnataka, took up the petition for final disposal and allowed it.