IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3225 OF 2016 BETWEEN:
M/S Y K CREATIONS UNIT NO.2, NO.169, 1ST FLOOR, 1ST MAIN, HMT LAYOUT, NAGASANDRA POST, BANGALORE CITY-560 073 REPRESENTED BY ITS PROPRIETOR MR.RAJU.
(BY SRI: SANMUKH REDDY, ADVOCATE) AND 1. STATE OF KARNATAKA REPTD BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 560 001 THROUGH PEENYA POLICE 2. SRI. SURESH BABU M.V. S/O VENKATRAMAIAH M.S.
... PETITIONER NO.292/52, SRI. VENKATESWARA NILAYA, HAVANURU EXTENSION, NAGASANDRA (P), BANGALORE CITY, KARNATAKA - 560 073, AUTHORISED PERSON, M/S. MADURA FASHION AND LIFE STYLE (DIVISION OF ADITHYA BIRLA NUVO LTD.) ALSO AT:
M/S. MADURA FASHION AND LIFE STYLE (DIVISION OF- ADITHYA BIRLA NUVO LTD), PLOT NO.5B, REGENT GATEWAY, DODDANAKUNDI VILLAGE, KIADB INDL.AREA, ITPL ROAD, BANGALORE-560 048.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: G.R.PRASHANTH KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR FILED UNDER SECTIONS 68A, 63, 51 OF COPY RIGHT ACT IN CR. NO.1058/2015 PENDING ON THE FILE OF THE 9TH A.C.M.M., BANGALORE VIDE ANNEXURE-A AND ALLOW THE PETITION AS PRAYED.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri. Raju representing the petitioner M/s. YK Creations and his counsel Sri Sanmukh Reddy; Sri.Suresh Babu. M.V. representing respondent No.2 M/s. Madura Fashion and Life Style(Division of Aditya Birla Nuvo Ltd.,) and his counsel Sri.
G.R. Prashanth Kumar are present; The de-facto complainant and Learned Additional SPP appearing for respondent No.1-State are present.
2. Sri. G.R. Prasanth Kumar, learned counsel appearing for second respondent has filed a ‘letter of authorization’, whereby the General Counsel and Vice President-Legal of M/s. Aditya Birla Fashion and Retail Limited, Bengaluru has authorized Ms. Shivi Kharia-Senior Executive Regional Counsel(South) to appear before this Court and to sign and verify and present any compromise/quashing application, No objection for withdrawal of complaint, to sign vakalathnama and depose on behalf of the company and execute necessary papers in connection with the aforesaid case. Original ‘letter of authorization’ is placed on record. Learned counsel is permitted to file vakalath on behalf of aforesaid Ms. Shivi Kharia.
3. Today, a Joint affidavit is filed before the Court duly sworn by the petitioner M/s. YK Creations, represented by its Proprietor Sri. Raju, S/o. Belliyappa and respondent No.2 M/s. Madura Fashion and Life Style(Divison of Aditya Birla Nuvo Limited), represented by its authorized person Sri. Suresh Babu.
It is stated therein that the petitioner/accused and the second respondent/complainant have settled the matter as per mutual understanding, whereby the petitioner/accused has agreed to pay a sum of Rs.5.00 lakhs to respondent No.2 towards full and final settlement and has paid the same through Demand Draft bearing No.023510 dated 10.12.2015 drawn on Bank of India. The defacto-complainant and the authorized representative of the petitioner –M/s. YK Creations submit that the contents of the affidavit are true and correct and in view of said settlement, respondent No.2 has withdrawn all the allegations made against the petitioner and requests the Court to quash the FIR registered against the petitioner.
4. FIR is filed under Sections 68A, 63 and 51 of the Copyright Act, 1957. In view of the mutual settlement arrived at between the parties, the joint affidavit filed by the petitioner and second respondent is accepted.
5. In terms of the said joint affidavit, the petition is allowed. FIR registered against the petitioner in Cr.No.1058/2015 on the file of learned IX Addl. CMM, Bengaluru for the offences under sections 68A, 63 and 51 of Copyright Act is hereby quashed.
Sd/- JUDGE *mn/-