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2026 DAILYLAW 5787 (KAR)

SRI VIRUPAKSHAPPA S/O MAHARUDRAPPA BUDIHAL v. THE STATE OF KARNATAKA

CRL.P/100108/2026 · 2026-02-12

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2248 CRL.P No. 104548 of 2025 C/W CRL.P No. 100108 of 2026 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104548 OF 2025 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100108 OF 2026 IN CRL.P.NO.104548/2025 BETWEEN: CHANNABASAPPA MAHARUDRAPPA BUDIHALA AGE. 50 YEARS, OCC. AGRICULTURE, R/O. BANNIHATTI VILLAGE, BYADGI TQ. BYADGI DIST. HAVERI-580017. …PETITIONER (BY SRI. PRAVEEN TARIKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BYADGI POLICE STATION R/BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DHARWAD 580001. 2. SMT MANGALA W/O VEERUPAKSHAPPA BUDIHALA AGE 55 YEARS OCC. HOUSEWIFE/AGRICULTURE, R/O BANNIHATTI VILLAGE, BYADGI TQ. BYADGI, DIST. HAVERI-580017. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. N.R. KUPPELUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE COMPLAINANT AND FIR IN CRIME NO.0091/2025 PENDING ON THE FILE OF CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.19 16:08:29 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2248 CRL.P No. 104548 of 2025 C/W CRL.P No. 100108 of 2026 PRL.CIVIL JUDGE (JR.DN) AND JMFC, BYADGI, HAVERI, IN CONNECTION WITH THE BYADGI POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 115(2), 118(1), 189(2), 190, 191(2), 351(2), 352, 74 OF BNS 2023, AS AGAINST THE PETITIONER HEREIN/ACCUSED NO.1, VIDE ANNEXURE-A AND B. IN CRL.P.NO.100108/2026 BETWEEN: 1. SRI VIRUPAKSHAPPA S/O MAHARUDRAPPA BUDIHAL AGE. 60 YEARS, OCC AGRICULTURE, R/O. BANNIHATI VILLAGE, TQ. BYADAGI, DIST. HAVERI 581116. 2. SRI BASAVARAJ S/O VIRUPAKSHAPPA BUDIHAL AGE. 35 YEARS, OCC. AGRICULTURE, R/O. BANNIHATTI VILLAGE, TQ. BYADGI, DIST. HAVERI 581116. 3. SRI SHIVARAJ S/O VIRUPAKSHAPPA BUDIHAL AGE 34 YEARS, OCC. AGRICULTURE, R/O. BANNIHATTI VILLAGE, TQ BYADGI, DIST HAVERI 581116. 4. SRI KARABASAPPA S/O MAHARUDRAPPA BUDIHAL AGE. 58 YEARS, OCC AGRICULTURE, R/O. BANNIHATTI VILLAGE, TQ. BYADGI, DIST HAVERI 581116. 5. SRI MARADEPPA S/O KARABASAPPA BUDIHAL AGE. 32 YEARS, OCC. AGRICULTURE, R/O. BANNIHATTI VILLAGE, TQ. BYADGI, DIST HAVERI 581116. …PETITIONERS (BY SRI. N.R. KUPPELUR, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC-D:2248 CRL.P No. 104548 of 2025 C/W CRL.P No. 100108 of 2026 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH SUB INSPECTOR, BYADGI POLICE STATION, BYADGI DIST HAVERI 581116. 2. SMT. NIRMALA W/O CHANNABASAPPA BUDIHAL, AGE 41 YEARS, OCC. HOUSEWIFE, R/O. BANNIHATTI VILLAGE, TQ BYADGI, DIST HAVERI 581116. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. PRAVEEN TARIKAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.,(528 OF BNSS), PRAYING TO QUASH THE ORDER OF TAKING COGNIZANCE DATED 16.09.2025 AND THE ENTIRE CHARGE SHEET IN CC NO. 659/2025 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, BYADGI FOR THE OFFENCE P/U/SEC. 115(2), 118(1), 126(2), 189(2), 190, 191(2), 351(2), 352 AND 74 OF BNS 2023 AS AGAINST THE PETITIONERS/ACCUSED NO. 1 TO 5, IN THE INTEREST OF JUSTICE. THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC-D:2248 CRL.P No. 104548 of 2025 C/W CRL.P No. 100108 of 2026 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard learned counsel for the petitioners, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2. 2. The petitioners in Crl.P. No. 100108/2026 are present and the respondent in Crl.P.No.104548/2025, is absent on account of a heart ailment. 3. On behalf of Channabasappa Tirakappa Budihal, learned counsel has signed the joint memo. The respondent and others are present before the Court. They submit that Channabasappa Tirakappa Budihal is suffering from a heart ailment and that a genuine and voluntary settlement has been arrived at between the parties. 4. Taking note of the fact that the present case and the connected cases arise out of the same incident, and that two criminal complaints have been filed as case and counter-case, and further considering the genuine settlement arrived at between the parties, this Court, - 5 - HC-KAR NC: 2026:KHC-D:2248 CRL.P No. 104548 of 2025 C/W CRL.P No. 100108 of 2026 following the dictum of the Hon’ble Apex Court in the case of Ramgopal Vs. State of Madhya Pradesh1, is of the view that the joint memo deserves to be placed on record and the matters deserve to be disposed of by quashing the pending proceedings. 5. Accordingly, the following: ORDER i. The criminal petitions are allowed. ii. The pending proceedings in Crl.P.No.104548/2025 arising out of Crime No.91/2025 on the file of the Principal Civil Judge (Jr. Dn.) and JMFC, Byadgi, Haveri and in Crl.P.No.100108/2026 arising out of C.C.No.659/2025 (Crime No.90/2025) on the file of the Civil Judge and JMFC, Byadgi, stand quashed. Sd/- (V.SRISHANANDA) JUDGE AC, CT:CMU LIST NO.: 1 SL NO.: 103 1 2021 SCC Online SC 834