- 1 - NC: 2025:KHC:11433 CRL.P No. 13583 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 13583 OF 2024 BETWEEN: VIJAY SAVANUR @ VIJAY KRISHNA RAO SAVANUR S/O LATE P. KRISHNA RAO, AGED ABOUT 46 YEARS, RESIDING AT NO.90 HILL VIEW GARDEN TURAHALLI, NEAR PRATYANGIRI TEMPLE, TURAHALLI, SUBRAMANYAPURA BENGALURU - 560 061. CHARGE SHEET ADDRESS: R/AT NO.39/42, 5TH MAIN, CHAMARAJPET BENGALURU CITY- 560 018 KARNATAKA. …PETITIONER (BY SRI. DILIP KUMAR I.S., ADVOCATE) AND: 1. STATE OF KARNATAKA GIRINAGAR POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. DAIPAYAN BANERJEE S/O ANJAN BANERJEE REPRESENTATIVE OF KROSS TELEVISION INDIA PVT. LTD., AND KROSS PICTURES INC Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11433 CRL.P No. 13583 of 2024 AGED ABOUT MAJOR, RESIDING AT NO.201, LALANI AURA, 34TH ROAD, BANDRA WEST MUMBAI - 400 050. …RESPONDENTS (BY SRI. ANOP KUMAR, M.V., HCGP FOR R-1; SRI. I.S. DEVAIAH, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S. 482 (FILED U/S.528 BNSS) CR.P.C 1973 PRAYING TO ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE ORDER TAKING COGNIZANCE DATED 08.09.2021 PRODUCED AT ANNEXUER-A, CONSEQUENTLY QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.25524/2021 PENDING ON THE FILE OF THE IX ACMMM, BENGALURU AS FAR AS THE PETITIONER IS CONCERNED FOR THE OFFENCE P/U/S 417, 419, 420, 463, 468, 471 OF IPC 1860 AND SECTION 63 OF COPY RIGHT ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused who is charge sheeted for the offences punishable under Sections 417, 419, 420, 463, 468, 471 of Indian Penal Code, 1860, and section 63 of Copy Right Act, is before this Court seeking relief. 2. The prosecution alleges that the petitioner approached one Vikyath and claimed that the movie Pushpaka Vimana is an adaptation of a South Korean film. The petitioner allegedly claimed that he has all the remake rights for all Indian languages of the said South Korean film - 3 - NC: 2025:KHC:11433 CRL.P No. 13583 of 2024 and that he must purchase the same from him to avoid any disputes and controversies. The complainant believing the words of the petitioner, entered into an agreement for purchasing the rights in relation to the said movie. Thereafter, the original copyrights were allegedly given to the complainant stating that he had transferred the rights. 3. The parties are before this Court along with the respective counsels and they have filed an application for compounding along with a joint affidavit stating that they have amicably resolved the dispute among themselves, and as per the terms of the petitioner have repaid the sum of Rs.10,00,000/- received under the agreement, and the complainant has agreed to withdraw all the allegations, and has no objections for quashing the impugned proceedings against the petitioner. 4. The application along with the joint affidavit is placed on record. 5. Although the offences alleged are compoundable and non-cognizable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, and in terms of the settlement, it would be a futile exercise to subject the petitioner to trial since the probability of his conviction is remote and bleak in view of the settlement arrived between the parties. Therefore, the continuation of - 4 - NC: 2025:KHC:11433 CRL.P No. 13583 of 2024 impugned proceedings would be an abuse of the process of law. 6. Accordingly, the petition is allowed. 7. The impugned proceedings in C.C.No.25524/2021 on the file of the IX Additional Chief Metropolitan Magistrate, Bengaluru, insofar as it relates to the petitioner herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 4