RC Holder Liable Even If Vehicle Sold Before Accident: Karnataka High Court
The Rajasthan High Court has held that a Registration Certificate (RC) Holder cannot seek quashing of criminal proceedings against him on the ground that he sold the vehicle before the accident.
The Court was considering a Petition seeking quashing of the case registered for the offences punishable under Sections 279 and 304-A of the IPC.
The Bench of Justice JM Khazi observed, “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 complainant and the complainant has got 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…..”
The Petitioner was represented by Advocate Rachana M., while the Respondent was represented by High Court Government Pleader Venkat Satyanarayan A.
Facts of the Case
It was the case of the Petitioner that charge sheet is not maintainable for he had already sold the vehicle to the Complainant with an understanding that he would get the RC transferred to his name.
He averred that the Complainant had taken interim custody of the vehicle and continuation of the Criminal Proceedings would amount to abuse of the process of the Court.
The Government Pleader, on the other hand stated that deceased drove the same in a rash or negligent manner and dashed it resulting in grievous injuries and on the spot death. It was submitted that the Petitioner has been charged for allowing the deceased to drive the scooter despite knowing that she did not have a driving license.
Reasoning By Court
The Court ruled that since the RC still remains in the name of the Petitioner even after sold the vehicle before accident, he cannot seek quashing of the criminal proceedings initiated against him.
It further stated that the Petitioner is at liberty to prove his defence at the stage of trial of the case.
The Petition was accordingly dismissed.
Cause Title: Mr. Prabhakaran K. vs. The State of Karnataka (2025:KHC:20782 RC)
Appearances:
Petitioner– Advocate Rachana M., Advocate Appu Kumar
Respondent– High Court Government Pleader Venkat Satyanarayan A.
