RC Holder Can’t Seek Quashing Of Offence On Ground That He Sold The Vehicle Before Accident: Karnataka High Court
The Karnataka High Court has said that a scooter owner in whose name the RC is standing and which has met with a fatal accident cannot seek quashing of criminal offence registered against him on ground that he had already sold the vehicle.
Justice J M Khazi thus rejected the petition filed by Prabhakaran K, charged for offence punishable under section 279 and 304-A (causing death by negligence) IPC, following the death of a woman while riding the scooter registered in his name.
The bench said “It is not in dispute that as on the date of accident, accused No.2 was the owner of the scooter. Though he has claimed that he sold the scooter to the complainant and the complainant has released the said vehicle into his interim custody, still the RC is standing in the name of accused No.2. For all practical purposes, he is the owner of the scooter in question. In the light of the prima facie material, accused No.2 cannot seek quashing of the criminal proceedings.”
As per prosecution, one Sudha was proceeding on the scooter when she was hit by a rashly driven goods vehicle, resulting in death on spot. It was alleged that the Petitioner allowed the deceased to drive the scooter despite knowing that she was not having a driving license.
The petitioner argued that the chargesheet is not maintainable against him as he had already sold the vehicle to the complainant with an understanding that he would get the RC transferred. Petitioner further contended that the complainant had taken interim custody of the vehicle.
The bench on going through the records said, “In the light of the prima facie material, accused No.2 cannot seek quashing of the criminal proceedings. He is at liberty to prove his defence at the trial. In the result the petition fails and accordingly, is rejected.”
Appearance: Advocates Rachana M, Appu Kumar for Petitioner.
HCGP Venkat Satyanarayan A for R1.
Citation No: 2025 LiveLaw (Kar) 215
Case Title: Prabhakaran K AND State of Karnataka
Case No: CRIMINAL PETITION NO. 10284 OF 2023
