Karnataka High Court
Mr. Yash Vardhan Kanoi vs State Of Karnataka on 4 January, 2021
Author: K.Somashekar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
CRIMINAL PETITION No.7350/2020
C/W
CRIMINAL PETITION No.8452/2018
In Crl.P.No.7350/2020:
BETWEEN:
1. Mr.Yash Vardhan Kanoi
S/o Srikanth Kanoi,
Aged about 28 years,
R/at No. F-78, 5th Cross,
Manyatha Layout,
Bengaluru-560077.
Presently R/at No.230,
NE, 4th St. Unit-510, Miami,
FL, 33132, U.S.A.
2. Miss Prathibha Nair
D/o Govinda Nair,
Aged about 27 years,
R/at No.15, Shobha Karel,
"B" Block, Jakkur,
Bengaluru-560064.
Presently R/at No.74,
Bennett St. Unit-10,
Neutral Bay, NSW-2089,
Australia.
...Petitioners
(By Sri.Halashetti Jagadish Sidramappa, Advocate)
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AND:
1. State of Karnataka,
By Sampigehalli Police Station,
Bengaluru City
Now R/by Special P.P
Bengaluru-560001.
2. R. Satheesh Kumar,
General Manager (Ops.)
EIPR (India) Private Limited,
No.7, 8th Avenue,
Ashok Nagar,
Chennai-600083
Tamilunadu State.
... Respondents
(By Smt.Rashmi Jadhav, HCGP for R1;
Sri. Raghavendra C, Advocate for R2)
This Criminal Petition is filed under Section 482 of
Cr.P.C., praying to quash the order dated 19.06.2017
taking cognizance of alleged offences against accused
Nos. 2 and 3 (petitioners herein) and to quash the entire
Criminal Proceedings in C.C.No.18721/2017, arising
out of Cr.No.29/2016, registered by the Sampigehalli
P.S., Bangalore for the offence punishable under
Sections 51A, 63, 68, 68A of Copyright Act, presently
pending on the file of the IX-ACMM court, Bangalore
against the petitioners, who are Accused No.2 and 3
therein.
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In Crl.P.No.8452/2018:
BETWEEN:
Apoorva Agarwal
D/o Arun Agarwal,
Aged about 23 years,
R/at No.205,
Vishal Nest Apartment,
Talakavery Layout,
Amruthahally,
Bengaluru.
...Petitioner
(By Sri.Shivananda R, Advocate for
Sri.Nagabhushana Reddy K, Advocate for petitioner)
AND:
1. State of Karnataka,
By Sampigehalli Police Station,
Bangalore.
Rep. by SPP
High Court of Karnataka,
Bangalore-560001.
2. R. Satheesh Kumar,
General Manager (Ops.)
EIPR (India) Private Limited,
No.7, 8th Avenue,
Ashok Nagar,
Chennai-600083.
... Respondents
(By Smt.Rashmi Jadhav, HCGP for R1;
Sri. Raghavendra C, Advocate for R2)
This Criminal Petition is filed under Section 482 of
Cr.P.C., praying to quash the order dated 19.06.2017
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taking cognizance alleged offences against the petitioner
and to quash the entire proceedings against the above
petitioner in C.C.No.18721/2017 pending on the file of
IX-ACMM court, at Bangalore for offence punishable
under Sections 51(A), 63, 68, 68(A) of Copyright Act,
1957.
These Criminal Petitions coming on for admission,
this day, the court made the following:
COMMON ORDER
Sri. Halashetti Jagadish Sidramappa, learned
counsel for the petitioners in Crl.P.No.7350/2020;
Sri. Shivananda R for Sri. Nagabhushana Reddy K,
learned counsel for the petitioner in
Crl.P.No.8452/2015; Smt. Rashmi Jadhav, learned
HCGP for the State and Sri. Raghavendra C, learned
counsel for the 2nd respondent are present before the
Court physically.
2. Heard the arguments and perused the
materials placed on record.
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3. These petitions are filed by the petitioners
who are arraigned as accused No.1 in
Crl.P.No.8452/2018 and accused Nos. 2 and 3 in
Crl.P.No.7350/2020 seeking for quashing the entire
criminal proceedings in C.C.No.18721/2017 arising out
of Cr.No.29/2016 registered by the Sampigehalli P.S.,
Bangalore for the offences punishable under Sections
51-A, 63, 68, 68-A of Copyright Act, 1957, pending on
the file of the IX ACMM, Bangalore.
4. Petitioner/accused No.1 in Crl.P.
No.8452/2018 and petitioners/accused Nos. 2 and 3 in
Crl.P.No.7350/2020 have filed their separate joint
memorandum of compromise petitions under Section
320 (1) and (2) of Cr.P.C. enclosing their I.D. Proofs and
passports. Due to virtual hearing, petitioners appeared
through video conferencing and their counsel including
the counsel for Respondent No.2 have identified through
their physical appearance and there is no dispute about
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their identification. In the compromise petition, the
petitioners have stated that due to intervention of elders
and friends, and on the basis of the written apology and
undertaking given by the petitioners herein, the 2nd
respondent has agreed to compromise on the complaint
pending before the court below and is agreeable for the
same to be quashed without any conditions, except as
stated herein. It is further stated that the petitioners
shall neither act in any manner detrimental to the
interests of Hindustan Unilever Limited nor shall they
indulge in, or aid the infringement of any intellectual
property rights belonging to Hindustan Unilever
Limited. Hence, in view of amicable settlement between
the parties and also in view of the judgment in Gain
Singh Vs. State of Punjab reported in (2012) 10 SCC 303,
the matter may be allowed by quashing the entire
charge sheet in C.C.No.18721/2017 pending on the file
of the IX ACMM Court, Bengaluru.
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5. At a cursory glance of the compromise
petitions filed by the petitioners and also amicable
settlement arrived between the parties, it indicates that
during the pendency of the criminal proceedings both the
parties have compromised the matter and compounded
the offences. Therefore, the petitioners and 2nd respondent
have filed a compromise petitions under Section 320(1) &
(2) of Cr.P.C. before this Court. By virtue of the
compromise, the parties sought for quashing of the
criminal proceedings initiated against them.
6. The factual matrix discloses that the 2nd
respondent herein has filed a complaint before the 1st
respondent police against the petitioners for violation of
copyright Act. Based upon the complaint, the 1st
respondent police registered FIR in Cr. No. 29/2016
against the petitioners and after thorough investigation,
laid the charge sheet in C.C.No.18721/2017 for the
offences punishable under Sections 51-A, 63, 68, 68-A
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of Copyrights Act, 1957. But both the parties have filed
their compromise petitions seeking for quashment of the
entire criminal proceedings initiated against them for
the aforesaid offences. Though there is no specific
provisions under the aforesaid Act indicating whether
these offences are compoundable or not, but they are
considered to be minor offences as they are punishable
with imprisonment for a period of less than three years.
According to the schedule-II appended to the Cr.P.C.,
they are bailable and non-cognizable in nature.
Therefore, it is relevant to refer the judgment rendered
by the Hon'ble Apex Court in the case of Gain Singh
Vs. State of Punjab reported in (2012) 10 SCC 303
wherein it is held that,
"the matter is purely personal between the
parties and does not involve a serious offence
and even the alleged infringement having
been sorted out between the parties and
given the fact that the offences, at best would
attract punishment of not more than three
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years, held that it is fit case to record the
compromise and quash the proceedings. "
7. In the light of the aforesaid judgment
rendered by the Hon'ble Supreme Court of India and
keeping in view the compromise petitions filed by the
petitioners, this Court is of the considered opinion that,
in view of the harmonious relationship between the
parties to be maintained and also compounding of the
offences, it is fit case to allow the petition and quash the
proceedings by considering the joint compromise
petition filed by the petitioners. Accordingly, the joint
compromise petition filed by the petitioners are hereby
accepted. Hence, I proceed to pass the following:
ORDER
The petitions filed by the petitioners/accused No.1
in Crl.P.No.8452/2018 and accused Nos. 2 and 3 in
Crl.P.No.7350/2020 are hereby allowed quashing the
entire criminal proceedings initiated against them in
C.C.No.18721/2017 pending on the file of IX ACMM,
Bengaluru for the offences punishable under Sections
51-A, 63, 68, 68-A of Copyright Act, 1957.
Consequence upon the quashment of the above
criminal proceedings, accused Nos. 1 to 3 have been
absolved from the aforesaid offences.
Accordingly, ordered.
Sd/-
JUDGE
JS/-
