JYOTHI S. HIREMATH Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This petition is filed seeking to quash the FIR in Crime No.412/2024 of Hiriyur Rural Police Station, Dist.Chitradurga, registered for offences punishable under Ss. 281, 125(a), and 106(1) of the Bharatiya Nyaya Sanhita, 2023, against the deceased husband of the petitioner, and the consequent abated charge-sheet filed in C.C. No. 1137/2024.

(2.) The petitioner further seeks to set aside the order dtd. 13/12/2024, whereby the learned Magistrate took cognizance of the abated charge-sheet and recorded abatement, and prays for a direction to respondent No. 2 to conduct a fresh investigation and to register an FIR against respondent No. 3/ the lorry driver alleged to have caused the accident.

(3.) The undisputed facts reveal that the petitioner's husband, late Sri Siddhalingaswamy, while driving from Bengaluru to Hospet on 30/9/2024 along with his mother, met with a fatal accident near Hiriyur Polytechnic College when his car collided with the rear of a lorry bearing No. TN-52-F-1775. The lorry driver-respondent No.3 lodged a complaint alleging that the deceased driver was rash and negligent. Respondent No.2 registered FIR No. 412/2024, investigated the matter, and filed an abated charge-sheet against the deceased driver of the car. The petitioner contends that the investigation was perfunctory, one-sided and unfair, conducted without recording her statement, and that her attempt to lodge a counter-complaint against respondent No.3 was refused. She accordingly seeks quashing of the FIR and a direction for reinvestigation by a competent and independent agency.