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2025 DAILYLAW 24896 (KAR)

SRI. SANDEEP HULIKERE v. STATE OF KARNATAKA

CRL.P/5917/2021 · 2025-01-15

H P Sandesh

body2025

Judgment text

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- 1 - NC: 2025:KHC:1657 CRL.P No. 5917 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 5917 OF 2021 BETWEEN: 1. SRI. SANDEEP HULIKERE S/O. S. MANJUNATH, AGED ABOUT 31 YEARS, 2. SRI. DEEPAK KUMAR S/O. SRI. S. MANJUNATH, AGED ABOUT 38 YEARS, BOTH PETITIONERS ARE RESIDING AT NO. 40/1, 2ND CROSS, SHIVANANDA NAGARA, NAGARABHAVI, BANGALORE - 560 040. …PETITIONERS (BY SRI. S.K.RAVI, ADVOCATE FOR SRI SANTOSH S. GOGI, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH MAGADI ROAD POLICE STATION, BENGALURU, REPRESENTED BY THE SPP, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. K.NAGESHWARAPPA, HCGP) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1657 CRL.P No. 5917 of 2021 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 12.03.2019, FIR DATED 12.03.2019 AND CHARGE SHEET DATED 25.09.2020 FILED BY THE 1ST RESPONDENT BEFORE III ADDL.C.M.M., BENGALURU IN C.C.NO.15563/2020 ARISING OUT OF CR.NO.44/2019 AND TAKING OF COGNIZANCE BY THE III ADDL.C.M.M., BENGALURU DATED 09.11.2020 (ANNEXURE-A, B, C AND D). THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER 1. This petition is listed for admission and prayer is sought in this petition to quash the complaint dated 12.03.2019 and also the charge sheet dated 25.09.2020. The criminal complaint was filed before the Trial Court and the same was referred under Section 156(3) of Cr.P.C to investigate and file the report. The Police have investigated the matter and filed the charge sheet invoking the offences punishable under Section 63, 51 of Copyrights Act, 1957 and section 406, 419, 473, 120B, 465, 420 of IPC r/w Section 34 of IPC. The counsel for the petitioner also would submits that both the complainant - 3 - NC: 2025:KHC:1657 CRL.P No. 5917 of 2021 and also the petitioners have compromised the matter in O.S.No.2597/2020 by filing an application under Order 23 Rule 3 of CPC since the issue involved between both of them is with regard to the Copyrights Act. 2. The petitioners are present before the Court and the complainant is also present and produced the Adhaar card before the Court and complainant name is Smt.Geetha Eshwaran and got confirmed the identity by verifying the Adharcard. Having taken note of the offences invoked against the petitioners are not the offences against the society at large and intersay between the complainant and also the petitioners and also there was a civil suit between both of them and both of them have compromised the matter under the intervention of the well wishers and when such being the case, the counsel for the State would submits that offence invoked is under Section 420 of IPC and under Copyrights Act and even having considered the said submission of the State and State also represents the defacto complainant and when such being - 4 - NC: 2025:KHC:1657 CRL.P No. 5917 of 2021 the material on record, it is appropriate to quash the proceedings in view of settlement arrived between the complainant and also the accused persons. This Court already pointed out that the offences invoked only intersay between the parties and offences are also not against the society at large and it is a fit case for quashing of proceedings. Hence, the proceedings is quashed. Accordingly, the criminal petition is disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 90