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2025 DAILYLAW 11411 (KAR)

MOINUDDIN AND ORS v. THE STATE THROUGH

CRL.RP/200079/2018 · 2025-07-02

V Srishananda

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3605 CRL.RP No. 200079 of 2018 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.200079 OF 2018 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. MOINUDDIN S/O LADLESAB, AGE: 38 YEARS, OCC: PETTY BUSINESS, 2. MD. SHABBIR S/O NABISAB, AGE:22 YEARS, OCC: COOLIE, 3. MD. VASEEM RAJA S/O HUSEN @ HASANSAB, AGE: 30 YEARS, OCC: COOLIE, 4. ABDUL SALEEM S/O ABDUL RAHEMAN, AGE: 21 YEARS, OCC: COOLIE, 5. MD. AZIM S/O MOINUDDIN MOMIN, AGE: 22 YEARS, OCC: STUDENT, ALL R/O KAMALAPUR, TQ. KAMALAPUR, DIST.KALABURAGI-585313. …PETITIONERS (BY SRI AKBER HUSSAIN, ADVOCATE AND SRI PRADEEP KUMAR, ADVOCATE) AND: THE STATE THROUGH, KAMALAPUR POLICE STATION, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3605 CRL.RP No. 200079 of 2018 DIST. KALABURAGI, NOW REPRESENTED BY, SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.RP. IS FILED U/S 397 R/W 401 OF CR.P.C. PRAYING TO, ALLOW THIS PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 13.11.2018 PASSED IN CRL.APPEAL NO.38/2016, PASSED BY THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, KALABURAGI AND IN C.C.NO.3443/2012, DATED 08.03.2016 PASSED BY LEARNED I ADDL. CIVIL JUDGE AND J.M.F.C., KALABURAGI, FOR THE OFFENCES PUNISHABLE U/SEC. 143, 147, 323, 324, & 325 R/W 149 OF IPC, OF KAMALAPUR POLICE STATION. 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) The complainant and revision petitioners are present before the Court. - 3 - HC-KAR NC: 2025:KHC-K:3605 CRL.RP No. 200079 of 2018 2. An application under Section 320(2) of Cr.P.C. along with joint memo are filed for compounding the offence. 3. On enquiry with the complainant, who is present before the Court, submits that at the intervention of the family members and well-wishers, the accused persons have agreed to retrace their steps and lead their happy life for the rest of their life without harming the complainant or their family members. 4. Though the offence alleged against the petitioners is non-bailable but compoundable with the permission of the Court. 5. As such, application filed under Section 320 (2) of Cr.P.C. read with Section 482 of Cr.P.C. is allowed by exercising the power under Section 482 of Cr.P.C. in the light of the principles of law enunciated in the judgment of the Hon’ble Apex Court in the case of Ram Gopal & - 4 - HC-KAR NC: 2025:KHC-K:3605 CRL.RP No. 200079 of 2018 Another Vs. State of Madhya Pradesh reported in (2022) 14 SCC 531 as the lis is privy to the parties and has no serious social impact. 6. Consequently, the following: ORDER (a) The Criminal Revision Petition is allowed. (b) The order of conviction and sentence dated 08.03.2016, passed by the I Additional Civil Judge and JMFC, Kalaburagi in C.C.No.3443/2012 and confirmed by the III Additional District and Sessions Judge, Kalaburagi in Criminal Appeal No.38/2016 vide judgment dated 13.11.2018 is set aside. (c) Bail bonds, if any, stand discharged. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 17 CT:PK