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2025 DAILYLAW 38818 (KAR)

SMT DISHA SHAH @ DISHA DHAVAL DHAROD SHAH v. THE STATE OF KARNATAKA

CRL.P/14146/2025 · 2025-12-01

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49924 CRL.P No. 14146 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.14146 OF 2025 BETWEEN: SMT. DISHA SHAH @ DISHA DHAVAL DHAROD SHAH WIFE OF DHAVAL DEEPAK DHAROD SHAH AGED ABOUT 35 YEARS RESIDING AT NO.32/9, FLAT NO.4 PREM KIRAN APARTMENTS, PUTTANNA ROAD BASAVANAGUDI, BENGALURU - 560 004. …PETITIONER (BY SRI LAKSHMISH G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BYATARAYANAPURA POLICE STATION BENGALURU CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 3. M/S. GREENPLY INDUSTRIES LIMITED HAVING ITS REGISTERED OFFICE AT MADGUL LOUNGE, 23 CHETLA CENTRAL ROAD KOLKATA - 700 027 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, SMT. CHETNA KHANNA. …RESPONDENTS (BY SRI ANOOP KUMAR M. V., HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49924 CRL.P No. 14146 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIRST INFORMATION REPORT IN CRIME NO.157/2025 DATED 28.05.2025 REGISTERED BY THE 1ST RESPONDENT BYTARAYANAPURA POLICE STATION FOR THE ALLEGED OFFENCE P/U/S 51(B) AND 63 OF THE COPY RIGHT ACT, 1957 AND SEC.318(2) OF THE BNS 2023 BEFORE THE IX ADDL.C.M.M BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner has challenged the registration of FIR in Crime No.157/2025 of Byatarayanapura Police Station, Banglore City, for the offence punishable under Sections 51(B), 63 of the Copyright Act, 1957 and Section 318(2) of the BNS, 2023. 2. The law is set in motion by respondent No.2 against the petitioner alleging misuse/infringement of copyright belonging to M/S.Greenplay Industries Limited. 3. Learned counsel for the petitioner submits that the dispute has been settled. A joint memo of settlement is filed before the Court, signed by the petitioner as well as respondent No.2, which reads as follows: - 3 - HC-KAR NC: 2025:KHC:49924 CRL.P No. 14146 of 2025 "JOINT MEMO OF SETTLEMENT The Petitioner and Respondent No.2 most respectfully submit as hereunder: 1. The Petitioner submits that the Respondent No.2 is a manufacturer and marketer of plywood, block boards, laminates, and allied products, and is the registered proprietor of the well-known trademarks "GREEN," "GREENPLY," and associated logos (hereinafter collectively referred to as the GREEN Marks), which have acquired substantial goodwill and reputation in the market. 2. The Petitioner is the proprietor of M/s. Jain Plywoods and is engaged in the business of selling plywood. It was claimed that the Petitioner had been using the trade name "GREEN COBRA" in connection with her plywood products, which the Respondent No.2 believed to be deceptively similar to its registered GREEN Marks. Consequently, the Respondent No.2 filed a police complaint dated 28.05.2025 against the Petitioner, pursuant to which FIR No.0157/2025 was registered at the Byatarayanapura Police Station, Bengaluru, for alleged offences under Sections 51(b) and 63 of the Copyright Act, 1957, and Section 318(2) of the Bharatiya Nyaya Sanhita, 2023. - 4 - HC-KAR NC: 2025:KHC:49924 CRL.P No. 14146 of 2025 3. Thereafter, the Parties engaged in mutual discussions and have agreed to amicably resolve all disputes and differences between them without recourse to further litigation. 4. The Petitioner acknowledges the exclusive statutory and common law rights, title, and interest of the Respondent No.2 in and to the GREEN Marks and admits that the said marks have acquired formidable goodwill and reputation exclusively associated with the Respondent No.2. 5. The Petitioner hereby unconditionally and irrevocably undertakes to the Respondent No.2 that she shall, with immediate effect, permanently cease and desist from manufacturing, selling, or advertising any products under the trademark "GREEN COBRA," or any other mark, name, or logo that is identical with or deceptively similar to the GREEN COBRA Marks of Respondent No.2. 6. The Petitioner further undertakes that she shall not, at any time in the future, use the word "GREEN" either as a prefix or suffix, or in conjunction with any other logo, name, or mark, in relation to her business or products. 7. The Petitioner agrees to forthwith destroy all existing inventory, packaging materials, labels, - 5 - HC-KAR NC: 2025:KHC:49924 CRL.P No. 14146 of 2025 advertising materials, brochures, signage, and any other articles bearing the mark "GREEN COBRA," and undertakes not to use the said mark in any manner whatsoever. 8. The Petitioner, on her own free will and volition, as a token of compensation for damages and business loss caused to the brand "GREEN," has paid a sum of Rs.3,00,000/- (Rupees Three Lakh Only) to Respondent No.2 by way of Demand Draft bearing No.000043 dated 25.11.2025, drawn on HDFC Bank. The Respondent No.2 acknowledges the receipt of the said amount in full and final settlement of all its monetary claims against the Petitioner pertaining to the present dispute. 9. In consideration of the undertakings and payment mentioned hereinabove, the Respondent No.2 agrees to withdraw the criminal complaint filed against the Petitioner and to take all necessary steps to facilitate the withdrawal and quashing of FIR No.0157/2025 pending before the Hon'ble IX Additional Chief Metropolitan Magistrate, Bengaluru. 10. Both Parties agree that upon execution of this Joint Memo of Settlement, all disputes, claims, and controversies between them in relation to the - 6 - HC-KAR NC: 2025:KHC:49924 CRL.P No. 14146 of 2025 subject matter of the aforesaid FIR shall stand fully and finally resolved. Accordingly, each party hereby releases and forever discharges the other from all past, present, and future claims, demands, liabilities, or causes of action arising out of or in connection with the said dispute. WHEREFORE, the Petitioner and Respondent No.2 most humbly pray that this Hon'ble Court may be pleased to Quash the First Information Report in Crime No.0157/2025 dated 28/05/2025, registered by the 2nd Respondent, Byatarayanapura Police Station, and all further proceedings thereto, in the interest of justice and equity." 4. Petitioner as well as respondent No.2 are present before the Court. They would submit that upon execution of the joint memo, all the disputes, claims and controversies which are subject matter of the FIR in question are resolved. 5. Respondent No.2/defacto complainant representing M/s. Greenply Industries limited would submit that in view of the settlement, she has no objection to quash the proceedings. - 7 - HC-KAR NC: 2025:KHC:49924 CRL.P No. 14146 of 2025 6. In terms of the joint memo of settlement, petitioner has handed over a Demand Draft bearing No.000043 dated 25.11.2025 drawn on HDFC Bank for a sum of Rs.3 lakhs to Respondent No.2. Receipt of the Demand Draft has been acknowledged by respondent No.2/defacto complainant. 7. Considering the nature of allegations, this Court is of the considered view that the dispute is purely private in nature, wherein the parties have resolved the dispute in terms of the Joint memo. Hence, it is expedient to quash the proceedings, in the interest of justice. Accordingly, the following ORDER Petition is allowed. The entire proceedings in Crime No.157/2025 of Byatarayanapura Police Station, Bangalore City and all consequential proceedings are quashed IA No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE AP/List No.: 1 Sl No.: 49/CT:SS