Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49903 CRL.P No. 7106 of 2024 C/W CRL.P No. 3464 of 2023 CRL.P No. 351 of 2024 AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7106 OF 2024 C/W CRIMINAL PETITION NO. 3464 OF 2023 CRIMINAL PETITION NO. 351 OF 2024 CRIMINAL PETITION NO. 6877 OF 2024
IN CRL.P No. 7106/2024 BETWEEN:
1.
NATALIA DOMESTICO CHIEF OF STAFF, M/S OUTSTANDING FOODS INC. COMPANY, AGED ABOUT 48 YEARS, 0635, SANTA MONICA BLVD, UNIT 220, LOS ANGELES CA 90025 USA, AMERICA, (AS PER THE SPA)
THROUGH HER SPECIAL POWER OF ATTORNEY HOLDER, DINESH CHANDER SHARMA, S/O, O. P. SHARMA, AGED ABOUT 69 YEARS, R/AT 29, FIRST FLOOR, MASJID ROAD, BHOGAL, NEW DELHI - 110 014, …PETITIONER (BY SMT. HEMAVATHI, ADVOCATE FOR SRI. CHINTAN CHINNAPPA M., ADVOCATE)
Digitally signed by SUMA Location: High Court of Karnataka
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AND:
1.
STATE OF KARNATAKA THROUGH THE MICO LAYOUT POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001
2.
C. KRISHNA CHAITANYA DIRECTOR, M/S MY PLUSH TOY PRIVATE LIMITED, 1459, 25TH MAIN, BTM 2ND STAGE, BENGALURU - 560 076
ALSO AT C KRISHNA CHAITANYA, S/O CHIVUKULA SRIDHAR, AGED ABOUT 40 YEARS, R/AT NO.92, 13TH CROSS, 8TH MAIN, NEAR INDIRA CATEEN, BTM 2ND STAGE, BENGALURU-560076 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 R2 - SERVED, UNREPRESENTED)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO AN
ORDER QUASHING THE ENTIRE PROCEEDINGS IN CC.NO.24237/2022 PENDING BEFORE THE HONBLE CHIEF METROPOLITAN MAGISTRATE, BENGALURU, FOR THE OFFENCES ALLEGED U/S 109,324,384,448,506 R/W 34 OF IPC, IN CR.NO.176/2021 DTD 10.09.2021, REGISTERED BY MICO LAYOUT POLICE STATION. IN CRL.P NO. 3464/2023 BETWEEN:
1. BILL GLASER FOUNDER AND CHIEF EXECUTIVE OFFICE OUTSTANDING FOODS INC. 10635 SANTA MONICA BLVD, SUITE 220, LOS ANGELES, CA 90025,
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UNITED STATES OF AMERICA, THROUGH HIS SPA HOLDER DINESH CHANDER SHARMA, S/O. O.P. SHARMA, AGED ABOUT 69 YEARS, R/OF 29, 1ST FLOOR, MASJID ROAD, BHOGAL, JANAPUR, NEW DELHI - 110 014. ...PETITIONER (BY SMT. HEMAVATHI, ADVOCATE FOR SRI. CHINTAN CHINNAPPA M., ADVOCATE)
AND:
1. STATE OF KARNATAKA THROUGH THE MICO LAYOUT, POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU 560 001. 2. CHIVUKULA KRISHNA CHAITANYA DIRECTOR, M/S. MY PLUSH TOY PRIVATE LIMITED, NO.1459, 25TH MAIN, BTM SECOND STAGE, BENGALURU - 560 076, KARNATAKA, ALSO AT C. KRISHNA CHAITANYA, S/O. LATE CHIVUKULA SRIDHAR, AGED ABOUT 40 YEARS, R/AT NO.92, 13TH CROSS, 8TH MAIN, BTM 2ND STAGE, BENGALURU - 560 076. ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1;
SRI. M. ERAPPA REDDY, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
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AN ORDER QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.24237/2022, PENDING BEFORE THE VI A.C.M.M. AT BENGALURU THE FIR NO.176/2021 DATED 10.09.2021 BEFORE THE MICO LAYOOUT P.S., IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P NO. 351/2024 BETWEEN:
1. WILLIAM FINKELSTEIN AGED ABOUT 43 YEARS, S/O LOUIS FINKELSTEIN, HEAD OF FINANCE, M/S. OUTSTANDING FOODS INC. COMPANY 10635, SANTA MONICA BLVD, UNIT 220 LOS ANGELES, CA 90025, USA,
THROUGH HIS SPECIAL POWER OF ATTORNEY HOLDER DINESH CHANDER SHARMA, S/O. O.P. SHARMA, AGED ABOUT 69 YEARS R/AT NO.29, 1ST FLOOR MASJID ROAD, BHOGAL NEW DELHI - 110 014. ...PETITIONER (BY SMT. HEMAVATHI, ADVOCATE FOR SRI. CHINTAN CHINNAPPA M., ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH THE MICO LAYOUT POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU 560 001
2.
CHIVUKULA KRISHNA CHAITANYA DIRECTOR, M/S MY PLUSH TOY PRIVATE LIMITED,
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1459, 25TH MAIN, BTM 2ND STAGE, BENGALURU - 560 076,
ALSO AT C. KRISHNA CHAITANYA, S/O LATE CHIVUKULA SRIDHAR, AGED ABOUT 40 YEARS, RESIDING AT NO. 92, 13th CROSS, 8th MAIN, NEAR INDIRA CANTEEN, BTM 2nd STAGE , BENGALURU 560 076 ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1;
SRI. M. ERAPPA REDDY, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO AN
ORDER QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.24237/2022 PENDING BEFORE THE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU FOR THE OFFENCE P/U/S.109,324,384,448,506 R/W SEC.34 OF IPC 1860 IN CR.NO.176/2021 DATED 10.09.2021 REGISTERED BY MICO LAYOUT POLICE STATION.
IN CRL.P NO. 6877/2024 BETWEEN:
1.
ALEXANDRA BARAJAS ADMIN, AGED ABOUT 29 YEARS M/S OUTSTANDING FOODS INC. COMPANY 0635 SANTA MONICA BLVD, UNIT 220, LOS ANGELES, CA 90025, USA AMERICA,
THROUGH HER SPECIAL POWER OF ATTORNEY HOLDER, DINESH CHANDER SHARMA, S/O O. P. SHARMA.
AGED ABOUT 69 YEARS RESIDING AT 29, FIRST FLOOR, MASJID ROAD,
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BHOGAL NEW DELHI - 110 014 ...PETITIONER (BY SMT. HEMAVATHI, ADVOCATE FOR SRI. CHINTAN CHINNAPPA M., ADVOCATE) AND:
1.
STATE OF KARNATAKA THROUGH THE MICO LAYOUT POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001
2.
C KRISHNA CHAITANYA DIRECTOR, M/S MY PLUSH TOY PRIVATE LIMITED 1459, 25TH MAIN BTM 2ND STAGE, BENGALURU - 560 076 ALSO AT C KRISHNA CHAITANYA S/O CHIVUKULA SRIDHAR, AGED ABOUT 40 YEARS RESIDING AT NO 92, 13TH CROSS, 8TH MAIN, NEAR INDIRA CANTEEN BTM 2ND STAGE, BENGALURU - 560 076 ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1;
R2- SERVED, UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO AN
ORDER QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.24237/2022 PENDING BEFORE THE HONBLE CMM, BENGALURU FOR THE OFFENCE P/U/S 109, 324, 384, 448, 506 R/W SEC. 34 OF IPC IN CR.NO.176/2021 DATED 10.09.2021 REGISTERED BY MICO LAYOUT POLICE STATION.
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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
All these petitions arise out of FIR in Crime No. 176/2021 of Mico-Layout Police Station, Bangalore City, wherein the police have filed a charge sheet and the case is pending in CC No. 24237/2022 on the file of the Court of Chief Metropolitan Magistrate, Bengaluru. 2. FIR is registered on a complaint lodged by one Sri Krishna Chaitanya son of Chivukula Sridhar, on the basis of which, the aforementioned case was registered against one Out standing Foods INC Company and 5 other named accused. 3. Crl.P.No.3464/2023 is preferred by accused No.2., Crl.P.No.6877/2024 is by accused No 3, Crl.P.No.7106/2024 is by accused No.5 and Crl.P.No.351/2024 is by accused No.6, as per FIR. - 8 -
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4. FIR is registered for the offence. Punishable under Section 506, 384, 324, 352, 425 and 441 of IPC. Charge sheet is filed against accused Nos. 1 to 8. 5. In the charge sheet, petitioner in Criminal Petition No.3464/2023 is arraigned as accused No. 1, Petitioner in Criminal No.6877/2024 is arraigned as accused No.2, petitioner in Criminal No.7106/2024 is arraigned as accused No.3 and petitioner in Criminal Petition No.351/2024 is arraigned as accused No.5, respectively. 6. The Special Power of Attorney holder of the petitioners is present before the Court. Similarly the complainant/respondent no. 2 is also present before the court. 7. A memo is filed in all the petitions along with copies of the settlement agreement, Special Power of Attorney Board resolution and the order passed in O.S.No.5732/2021 dated 02.12.2022. - 9 -
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8. The memo reads as under:-
"1. The petitioner and Respondent No.2 have amicably resolved their disputes and have entered into a Settlement Agreement. In terms of the said Agreement, all pending disputes and proceedings betweent he parties have been fully and finally settled. The parties have agreed to appear before this Hon'ble Court and jointly seek quashing of the entire proceedings in C.C.No.24237/2022, and all proceedings emanating therefrom, including but not limited to the FIR bearing Crime No.0176/2021 dated 10.09.2021 and the charge sheet dated 25.07.2022. 2.
In view of the Settlement Agreement executed between the parties, it is most humbly prayed that this Hon'ble Court may be pleased to allow the present petition and quash the aforementioned proceedings, in the interest of justice. A copy of the Settlement Agreement is annexed herewith for the kind perusal of this Hon'ble Court."
9. It is submitted by the
learned counsel appearing for the parties that the respondent No.2/complainant and the petitioners have amicably resolved their dispute and entered into a settlement agreement, in terms of which these petitions may be
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allowed by quashing the proceedings pending against the petitioners. 10. It is relevant to extract paragraph Nos.2 and 3 of the settlement agreement, which are as follows:-
"2. The above Proceedings bearing C.C.No.24237/2022 pending o the file of Chief Metropolitan Magistrate Sections 109, 324, 384, 448, 506 of the Indian Penal Code, 1860., Bengaluru initiated by the Second Parties against the First Party Nos. 1 to 5 and the various proceedings emanating from it including, but not limited to the FIR bearing Crime No. 0176/2021 dated 10th September 2021 registered at Mico Layout Police Station and the Charge-Sheet dated 25th July 2022 under Sections 109, 324, 384, 448, 506 r/w Section 34 of IPC submitted in the said FIR; and
(b) Civil Suit before the court of the Additional City Civil and Sessions Judge, Bengaluru bearing O.S. No. 5732/2021 filed by the First Party No. 1 against the Second Parties in which the Hon'ble Court passed an injunction order dated 27th October 2021 (ANNEXURE-J), which Order was confirmed through a subsequent order dated 2nd December 2022 (ANNEXURE-K); and
(c) Contempt petitions bearing Misc. No. 634/2021 & Misc. No. 687/2021 filed by the First Party No. 1 against the Second Parties in the above-mentioned Civil Suit bearing O.S. No. 5732/2021; and
(d) Quashing Petitions filed by the First parties before the Karnataka High Court bearing Criminal
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Petition Nos. 3464 of 2023, 7106 of 2024, 351 of 2024 and 6877 of 2024 seeking quashing of the entire proceedings in C.C. No. 24237/2022 and all proceedings emanating from it including, but not limited to the FIR bearing Crime No. 0176/2021 dated 10th September 2021 and the Charge-Sheet dated 25th July 2022.; and
(e) Criminal Complaint bearing PCR No. 15381/2022 (Crime No. 0094/202) filed by the First party No. 1 against the Second Parties and the FIR bearing no.
0094/2023 dated 20th April 2023 registered with the Micolayout Police Station under Sections 506, 384 and 420 of IPC. 3. The First Party Nos. 1 to 5 and the Second Party Nos. 1 to 3 have voluntarily and as per their own free will have agreed to settle all their above- mentioned pending legal cases, disputes and differences on the following terms and conditions:
(i) The Second Parties will immediately take down all false, objectionable, defamatory and disparaging posts, messages and videos that are the subject matter of the Civil Suit O.S. No. 5732/2021 from all online and offline platforms and the Second Parties confirm that O.S. No. 5732/2021 may be decreed whilst making the
Order dated 2nd December 2022 absolute, which will be done within a period of 2 weeks from the date of signing of the instant settlement agreement. The Parties hereby confirm that they will also file a compromise application in Civil Suit O.S. No. 5732/2021 to have the matter decreed as per the terms set out in the instant settlement agreement; and
(ii) The Second Parties hereby confirm and undertake that going forward, they will not make any false, objectionable, defamatory and disparaging posts, messages and videos or for that
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matter any post or comment on the First Parties or the brand OUTSTANDING FOODS either directly or indirectly on any online and offline platforms.; and
(iii) The Second Parties will distribute the stuffed toys that were manufactured by them for the First Party No. 1 against the invoice dated 2nd November 2020 for USD 15332 at any School for underprivileged children or at any orphanage of their choice and will send photographs of the said event to the email ID of the Authorized Signatory of the First Parties i.e. todesharma@yahoo.com within a period of 15 days from the date of signing of the instant agreement. The First Party No. 1 needed the toys for Christmas promotion when it placed the order with the Second Parties and since the product has since been discontinued, the toys have lost their relevance; and
(iv) The Second Parties will file for an appropriate application/petition/affidavit seeking quashing, unconditionally withdraw and drop all charges as claimed in the Criminal Proceedings bearing C.C. No. 24237/2022 and make appropriate submissions or statement before the Concerned Courts and/or Magistrate and/or police and/or other authorities to withdraw, drop and quash the Criminal Proceedings bearing C.C. No. 24237/2022 and the various proceedings emanating from it including, but not limited to the FIR bearing Crime No. 0176/2021 dated 10th September 2021 registered at Mico Layout Police Station and the Charge-Sheet dated 25th July 2022 submitted in the said FIR.
This will be done by the Second Parties within a period of 2 weeks from the date of signing of the instant settlement agreement; and
(v) The Second Parties hereby confirm and undertake that going forward, they will not file any case or raise any claim whatsoever against the First
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Parties based on the claims and issues that are the subject matter of the various legal proceedings mentioned at paragraph nos. 2 (a), (b), (c), (d) and (e). (vi) The First and the Second Parties will appear before the Karnataka High Court and make appropriate submissions and/or file appropriate application/petition/affidavit requesting the Hon'ble Court to allow the prayers as contained in the Criminal Petition Nos. 3464 of 2023, 7106 of 2024, 351 of 2024 and 6877 of 2024 seeking quashing of the entire proceedings in C.C. No. 24237/2022 and all proceedings emanating from it including, but not limited to the FIR bearing Crime No. 0176/2021 dated 10th September 2021 and the Charge-Sheet dated 25th July 2022. This will be done by the Parties within a period of 2 weeks from the date of signing of the instant settlement agreement; and
(vii) Subject to the Second Parties' strict adherence to the above terms and conditions, the First Parties confirm that it will not claim the amount of USD 15332 from the Second Parties; and
(viii) Subject to the Second Parties' strict adherence to the above terms and conditions, the First Parties confirm that they will file appropriate application/petition/affidavit seeking quashing / withdrawal of PCR No. 15381/2022 (Crime No. 0094/202) and make appropriate submissions or statement before the Concerned Courts and/or Magistrate and/or police and/or other authorities to withdraw and quash PCR No. 15381/2022 (Crime No. 0094/202) and the various proceedings emanating from it including, but not limited to the FIR bearing no. 0094/2023 dated 20th April 2023.
0094/2023 dated 20th April 2023. This will be done by the Parties within a period of 2 weeks from the date of signing of the instant settlement agreement; and
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(ix) Subject to the Second Parties' strict adherence to the above terms and conditions, the First Parties confirm that they will not press and will give a statement unconditionally withdrawing the Contempt Petitions bearing Misc. No. 634/2021 & Misc. No. 687/2021 filed against the Second Parties in the Civil Suit O.S. No. 5732/2021; and
(x) Subject to the First and the Second Parties' strict adherence to the above terms and conditions, the First and the Second Parties hereby confirm and undertake that all disputes and differences that are the subject matter of the proceedings mentioned at paragraph nos. 2 (a), (b), (c), (d) and (e) stand fully settled and resolved in both letter and spirit and that the Parties will not dispute the same hereinafter in future. (xi) Finally, the Parties agree and confirm that they have arrived at the present Settlement Agreement with their own free will and desire and without any pressure, fraud, force, coercion or undue influence by either of the parties and they undertake to be bound by the terms thereof."
11. Respondent No.2 / defacto complaint is present before the Court and submitted that he has no objection to quash the proceedings now pending against the petitioners before the trial Court, in terms of the settlement. 12. The dispute is private in nature wherein, the petitioners and respondent No.2 have come forward to report the settlement. It is seen that various legal
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proceedings are filed against each other and these proceedings are one of them. In the settlement agreement the parties have referred to the present proceeding pending in CC No. 24237/2022 on the file of the Chief Metropolitan Magistrate, Bengaluru. In terms of the settlement, no useful purpose will be achieved by continuing the proceedings now pending against the petitioners before the trial court.
Hence in the interest of justice, it is expedient to quash the proceedings, placing on record the memo and the settlement agreement filed in these petitions. Accordingly, the following:-
ORDER i) Petitions are allowed. ii) The entire proceedings insofar as the petitioners, in CC.No.24237 of 2022 pending on the file of the learned Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Section 109, 324, 384, 448,
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506 read with Section 34 of IPC, arising out of Crime No.176/2021 of Mico-Layout Police Station, Bangalore City, are quashed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 18