- 1 - NC: 2025:KHC:5513 CRL.P No. 7107 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7107 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. CHETAN KOTHARI S/O LALITH KOTHARI, AGED ABOUT 44 YEARS, R/AT NUMBER 66, 6TH FLOOR, KALPAVRIKSH APARTMENTS, NO. 12,RACE COURSE ROAD, K E B ASSOCIATION, MADHAVA NAGAR, BANGALORE-560001. …PETITIONER (BY SRI. AKARSH SUDHAKAR KANADE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RAJAJGOPAL NAGAR PS REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE CITY 2. MR MANOJ M NAIK S/O MANOHAR VISHNU NAIK, AGED ABOUT 55 YEARS, NO.A-1605, SAMRIDDHI CHS, INDRALOK, PHASE-3 BHAYANDER EAST THANE CITY, MAHARASTRA-401105. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL SPP FOR R1; SRI. NAGARAJ, ADVOCATE FOR R2) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5513 CRL.P No. 7107 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.14491/2020 WHICH IS PENDING AGAINST THE PETITIONER BEFORE THE IX ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 63B AND 51 OF COPYRIGHT ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner has sought for the following relief:- “Quash the entire proceedings in C.C.No.14491/2020 which is pending against the petitioner before the Hon'ble 9th Addl. Chief Metropolitan Court, Bangalore for the offence punishable under Section 63B and 51 of Copyright Act 1957.” 2. Learned counsel for the petitioner - accused No.1 and learned counsel for respondent No.2 - complainant have jointly filed an application under Section 320 read with 482 of Cr.P.C for compounding of the offences and the same is taken on record. 3. The petitioner - accused No.1 and respondent No.2 - complainant are physically present before this Court and they admit the contents of the application, which read as under:- "The undersigned petitioner and respondent no.2 humbly prays this Hon'ble court to grant the leave of this Hon'ble court to compound offences punishable under section 63B and section 51 of Copyright act 1957." - 3 - NC: 2025:KHC:5513 CRL.P No. 7107 of 2024 The affidavit filed by the petitioner reads as under: "I CHETHAN KOTHARI, S/o. Lalith Kothari, Aged about 44 years, R/at # 66, 6th floor, Kalpavruksha Apartment, No-12, Race Course Road, K.E.B Association, Madhava Nagar, Bangalore city, Karnataka - 560001. do herby solemnly affirm and state on oath as follows:- 1. I State that, I am the petitioner in the above matter and I am very well aware about the facts and circumstances of the above matter an hence I am swearing this affidavit. 2. I state that, I and the respondent no.2 has resolved all our disputes amicably, and complainant has no interest to lead the matter further which is pending before lower court. So that complainant is interested to settle this matter with his own interest and there is no coercion or undue influence of others in settling the above matter. 3. I state that, CC.No.14491/2020 is pending before the Hon'ble 4th Addl. ACJM. Judge, Bangalore city. The alleged offenses punishable under section 63B and section 51 of Copyright act 1957 which are non compoundable offences. And hence the accompanying application. . 4. I state that, the said offenses are not punishable with death or life and the offenses are not affecting the large number of people and the society and hence praying this Hon'ble court to grant leave of this Hon'ble court to compound the said offenses. 5.1 state that, if the accompanying application is not allowed than we will be put to great hardship and irreparable loss or otherwise no hardship will be caused to anyone." - 4 - NC: 2025:KHC:5513 CRL.P No. 7107 of 2024 The affidavit filed by respondent No.2 reads as under: "I, MANOJ MANOHAR NAIK, Age 56 years, R/at, A 1605, Samriddhi, CHS, Indralok Phase 3, Bhayander (E), Thane, Maharastra- 401105, today at Bangalore do herby solemnly affirm and state on oath as follows:- 1. I State that, I am the respondent no.2 in the above matter and I am very well aware about the facts and circumstances of the above matter an hence I am swearing this affidavit. 1. I state that, I and the petitioner no.1 has resolved all our disputes amicably and I have is no further interest to proceed further in the above matter. I have settled the above matter with my own interest and there is no coercion or undue influence of others in settling the above matter 2. I state that, CC.No.14491/2020 is pending before the Hon'ble 4th Addl. ACJM. Judge, Bangalore city. The alleged offenses punishable under section 63B and section 51 of Copyright act 1957 which are non compoundable offences. Even my company has authorized me to settle the above matter And hence the accompanying application. 3. I state that, the said offenses are not punishable with death or life and the offenses are not affecting the large number of people and the society and hence praying this Hon'ble court to grant leave of this Hon'ble court to compound the said offenses. 4. I state that, if the accompanying application is not allowed than we will be put to great hardship and irreparable loss or otherwise no hardship will be caused to anyone." - 5 - NC: 2025:KHC:5513 CRL.P No. 7107 of 2024 4. In view of the aforesaid settlement entered into between the petitioner and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of the application dated 06.02.2025 filed under Section 320 read with 482 of Cr.P.C. (ii) The proceedings in C.C.No.14491/2020 (arising out of Crime No.582/2019 of Rajagopal Nagar Police Station) registered for the offences punishable under Sections 63(b) and 51 of the Copyright Act, 1957, pending on the file of the IX Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB