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2025 DAILYLAW 11148 (KAR)

VINAY v. THE STATE

CRL.P/200954/2025 · 2025-06-10

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:2978 CRL.P No. 200954 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.200954/2025 (482(Cr.PC)/528(BNSS)) BETWEEN: VINAY S/O SUNIL VALLYAPURE, AGE: 31 YEARS, OCC: BUSINESS, R/O. SRI NAGAR, NGO’S COLONY, NEW JEWARGI ROAD, KALABURAGI, DIST. KALABURAGI-585 103. …PETITIONER (BY SRI AVINASH A UPLAONKAR, ADVOCATE) AND: 1. THE STATE, THROUGH ASHOK NAGAR P.S., KALABURAGI, DIST. KALABURAGI, NOW REPRESENTED BY, ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. SRI SUNIL WALLAPURE, MLC, AGE:63 YEARS, OCC: POLITICIAN, R/O. SRI NAGAR, NGO COLONY, NEW JEWARGI ROAD, Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2978 CRL.P No. 200954 of 2025 KALABURAGI CITY, KARNATAKA-585103. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP, FOR R1 SRI PRASHANT WAJANTRI, ADVOCATE, FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C. NO.98/2024 PENDING BEFORE THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALABURAGI, (CRIME NO.155/2022 OF ASHOK NAGAR POLICE STATION), FOR OFFENCE PUNISHABLE UNDER SECTIONS 324, 307, 504 AND 506 OF IPC, AND TO END THE LIS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Parties are present before this Court. 2. On behalf of the second respondent Sri Prashant Wajantri, learned counsel, files Vakalat. - 3 - HC-KAR NC: 2025:KHC-K:2978 CRL.P No. 200954 of 2025 3. Parties furnished a joint memo of compromise along with affidavits as well as application under Section 359 read with Section 528 of BNSS, 2023. 4. On enquiry, parties who are son and father submit that they have settled the dispute amicably by retracing their steps. 5. Though offences alleged against the accused are not compoundable, in view of the true settlement between the parties and lassies practically privy to the parties and has no social impact, following the dictum of the Hon'ble Apex Court in the case of RAM GOPAL VS. STATE OF MADHYA PRADESH1, this Court can exercise the inherent power vested in it under Section 528 of BNSS and quash the pending proceedings. 6. Accordingly, following: 1 (2022) 14 Supreme Court Cases 531 - 4 - HC-KAR NC: 2025:KHC-K:2978 CRL.P No. 200954 of 2025 ORDER i. The petition is allowed. ii. Pending proceedings in S.C. No.98/2024 before the I Additional Sessions Judge, Kalaburagi, stands quashed. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 16 CT:PK