The High Court · 2025

Sri.Mohan Purohit, S/o Mohataram' Aged 36 years'^Occ Business' R/o Plot No.1. Near Swamy Naraya#i;;bi"' ft'soolpira Secunderabad' and native of Frat No.39, 3rd Floor, '6 fri"6',1'rii[-'-;l- 6ireet' Grant Road Mumbai- 400008, Maharashtra State' s ri K ri s h n a Ku m aI, S/o U8;l,';r"[1H o?"J"H:[f,:'""r'ii;;il ra wa! B,i;di,' e-"'st"'' Jiio'' Sri.Asoo Singh Rajput, (wrongly mentioned-as. Asoo sinoh) S/o Sri Makan iff df '#i?hi#:r'l:p;v:.,:f,"*"*s;g'tr1i"3iifip5 wc.Jobniani, Po Joojani,'sitl'bitii[t"ei'inmal' District Jalor' Raiasthan- 343030. 1l Y"t' ifi,l.i.T' 33"[T* _r",:B uBi' 5:? Xi Rajasthan-343032. |{d^ql ^ ...Petitioner/Accused-1 to 4 and CRLP in lA'No'4 of 2025 ""r; d; ii h ;; s-h C5' u a n a n t< a t i, se c u n d e ra b ad' The State of Telangana, Rep'by its Public Prosecutor' High Court building' Hfi Sri.Garikumukku Vijay Kumar, S/o Yesudasu (wrongly.shown as Dasu in FIR Rio i ilo 6-e5' Rrc colonv' ;;"iiift;e b? v'"7'.' b""".'plii'ie old Ramanthapur, uppal, ivalilGo ano native of Malleswaram' Krishna District Andhra P adesh-521 324' -s"*ic'' ...Respondents/Defact-complainant and CRLP in lA'No'4 ot 2025 ?-B-*rBr " ei-.' Petition under section.52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds ot crimin'ai petition, the High court may be preased to quash the proceedings in cc.r'1o.i02508 0f 2016 0n the fire of Xr Additionar chief Metroootitan Majistiatu-ri-sl""rnoerabadin the interest of justice. l.A. NO: 2oF 2025 Petition under Sectjon . S2g of BNSS praying that in the circumstances stated in the Memorandum of Grounds or crimin'ai p_etition, the High court may be preased to stay ail further proceedings cc.No.i0250g of 2016 0n the fire of Xr Additionar chief r\4etroporitan Magistrat" i sL"*o"rabad incruding personar appearance of the petitioners/Accused- 1 to 4 pending oisposai oi ir,L Lri.r.rr Petition. l.A. NO:3 oF 2025 Between: fi :."#jffi {lryf?s,ei:;,f #3:1ii":1H"3:fi l,-:LlUSr,B'3'",,J,i1* otd Rama nthap u r.' Uooa I rr.1o^elaoal ;;;';;";' ;i District Andhra pradedh_s21'324. - - -'''v v"v'|ur J,,"r*r rrr. Kris h na ^/ ....Petitioner/Respondent No.2 AND '1. Mr.Jagdish Kumar J purohit. (wrongly mentioned as Jaqdish Kumar) S/o Juharam Laraji purohit, (wronorv mentioned as Juharam) Aq'ed 31 t;rX_o;": B;;il"; nl" Fi"-i,ri"li, "Ni;? Swamy Naravana Temore"Rasoorpura. s.iuno#fii. and native of No.583 v v purarir, B;;;";;;;i, pci, b?"ilrJ..,, K;;;;;,;'6t"ri;l 88#?T,r,.rr,

2. Sri.Mohan Purohit. S/o Mohataram, Aged 36 years, Occ.Business, R/o plot N-ol, Ngar Swamy Narayana lg;pie, R;;.;.,"trri,;;, Secunderabad and native gl^F-rg! ryg 3e 3rd Frodr, o winb.-'aiL"ri#3iibet, crant Road rr/rumbai_ 400008, Maharashtra State. 3. Sri.Krishna Kumar, S/o Kalu Singh, Aged 33 years, Occ.Business, R/o plot No.10, Ratna Co_onerarive . Hlusinii-S?iLii,' rrourn, Sick Vi,aoe secunderabad And hative of Fi;t;; K;-w;,. B;;;;: eIbtr,",ili"i, Rajasthan-343032. '3t'A',3dxt1i,?!*;gJsE:,11,,#:i:.#:0,fi 1"":?o:Hnjll,.f Housing societyi Tadbun, si"t -v,Li"'gLI's"t,inoe*oril -Id""iir;.;; ":JilEli: p-0 Joojani,' s,b_Disii;t'dhinilljl'oiitr.i"t--i jrill ir]rJii,rXl ;;-$jg".ir"i, ...RespondenUpetitioners

5. The State of Telangana, Rep'by its Public Prosecutor' High Court building' " H;;";;;;d rhroug"h is' rrlinant<ati' secunderabad " ' ResPondenUResPondent No"t petition under section 359(6) of BNSS praying that in the.circ'I*T:' stated in the Memorandr. oioilrno. of criminai.Petition, the High court may be pleased to permit tn"' J"tition"'nespondent No 2-defacto- complainant to lzo ot IPC and Sec 63 & 65 of Copy compound the offences '"iIi''J""ii"n- Rioht Act, 1957 with tn" ,".ilnauntsipetitioners herein in CC.No.202508 of 2016 l"'ii,'Jrit li lr niliii""ri inei-rrir"t,[poiitan tvtagistrale at secunderabad in the interest of justice r.A. NO: 40F 2025 Petition under Section 359(2) BNSS prSyil'g that in the gi1cu1nstgnges stated in the Memorandurt cio;-nor of criminal Petition, the High court may be pleased to record tfre terils oicompromise entered into the Petitioner herein' who is the complainant ,"J'n"tpo'U"nts/petitioners' who are accused No 1 to 4 and to quash tne proceJOin-g;ln-CC f io'ZOZ508- of 2016 on the file of Xl Secunderabad against the Additional Chief rtr"t,opiii"'n Nll'gLt'ut" 't ij"tiii"""rvn"cused-1 to 4 in the interest of justice' ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of criminal petitLn and upon hearing the arguments of sri c.Kumar, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla' Additional Public Prosecutor on behal{ of the Respondent No l and none appeared for the Respondent No.2. The Court made the following: COMMON ORDER r. F**</ ' :,7;:/" -z THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 and 4 0F 202s ln/And CRIMINALP ETITION N o. 8666 OF 2025 COMMON ORDER: This Criminal petition is filed under Section b2B of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023,) seeking quashment of the proceedings against the petitioners/accused Nos..l to 4 in c'c'No.202508 of 20'16 0n the fire of Xr Additionar chief Metroporitan Magistrate at Secunderabad.

2. The petitioners are accused Nos.1 to 4 in the C.C.No.2025OB of 2016 registered for the offences punishabre under section 420 of rpc and Sections 63, 65 of Copy Right Act.

3. Heard N/r.C.Kumar, learned counsel for the petitioners, Mr'Jithender Rao Veeramara, rearned Additionar pubric prosecutor, representing the respondent No. i _State. 4' Pending this petition, the pa(ies have entered into the compromise and, accordingry, respondent No.2/de-facro comprainant fired r.A.Nos.3 and 4 of 2O2S with the prayer to permit them to enter into compromise and by recording the setflement to quash the proceedings against ThJ -- . .petitioners/accused Nos. j to 4 in C.C.No.202508 of 2016.. 2 ^il-R/ l.A.Not3 adl oJ 2025 in/and Crl.P.No. 8666 oJ 2025. 5, This Court v,de order daled 14'07'2025 referred the parties to the HighCourtLegalservicesCommitteeforidentificationandtoverifythe voluntarinessinarrivingthesettlement'TheSecretary'HighCourtLegal Services Committee, has submitted report dated 18'O7'2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the parties have willfully and without coercion entered into settlem e n Uco m Pro m ise.

6. I have considered the submissions of the learned counsel and perused the materials on record'

7. Having considered the allegations' the nature of charged offences and taking into account the amicable settlement between the parties and to restore peace between the parties' in the light of the dictums in Gian Singh v. State of Puniab and anothe/ and Anit Mishra v' State of U.P.z; State of Madhya Pradesh v' Laxmi Narayan and otfters3' this court is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr.P.C-t528 of BNSS, 2023' would be in the interest of justice \_*- | 2012 (1O) SCC 303 ' 2024 IttSC 189 3 zors 1s1 scc oea 3 N'rR,/ I.A.Noi.3 a 1of 2025 in/ a Ct/.1'.N0. 8666 oJ2025

8. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed. Consequenfly, alr the proceedings in c'c.No.202508 of 2016 0n the fire of Xr Additionar chief tr/etroporitan rVragistrate at secunderabad are hereby quashed against the petitioners/accused Nos.1 to 4. I ln the above terms, the Criminal petition is allowed. Pending miscellaneous applications, if any, shall stand closed ,.8?'#?3Bi!'#1'l I //TRUE COPY// ECTION OFFICER To, iil.,"il+fl ,ffi tilff L[]""f'dtff s*i,{:?,,^'f *:[*r,+tu**r

3. ff:33l%:* k'mar' Advocate toPUcI NVB,?SL HIGH COURT DATED:04t}Bt2OZs 1 :< :) ,j i) ,/ It l tth- SiAf €' o o 10 [uE 2025 * Dr -,, - /,/ -ra? COMMON ORDER l.A.Nos.3 and 4 of ZO2S ln/And CRLP.No.866O of ZO2S ALLOWING THE CRLP AND t.A.Nos.3 AND 4 OF 2025 I 18 6r$,' 6 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD @ CRLP No. OFZ}Z1 Between: 1. Mr.Jagdish Kumar I Purohit (Wrongly mentioned as Jagdish Kumar) S/o Juharam Lalaji Purohit, (wrongly mentioned as Juharam) Aged 31 years, Occ: Business, R/o Plot No.1, Near Swamy Narayana Temple, Rasoolpura, Secunderabad. & native of No.5B3, Parvathipuram, V V Puram, Basavanagudi, PO, Benguluru, Karnataka State-560004.

2. Sri.Mohan Puroh it S/o Mohataram, Aged 36 years, Occ:Business, R/o Plot No.1, Near Swamy Narayana Temple, Rasoolpura, Secunderabad. & native of Flat No.39, 3d Floor, D Wing, Balaram Street. Grant Road€, Mumbai-400008, lvlaha rashtra State.

3. Sri.Krishna Kumar S/o Kalu Singh, Aged 33 years, Occ:Business, R/o Plot No. 10, Ratna Co-operative Housing Society, Tadbun, S'ick Village, Secunderabad And native of Ravon Ka Was Bagoda, Bagora, Jalor, Rajasthan-343032.

4. Sri.Asoo singh Rajput (wrongly mentioned as Asoo singh) S/o Sri.Makan Singh, Aged 31 years, Occ:Business, R/o Plot No.10, Ratna Co-operative Housing Society, Tadbun, Sick Village, Secunderabad And native of WC:loonjani, PO Joojani, Sub-District Bhinmal, District:Jalor, Rajasthan-3430 0 tioner/Accused- 1 to 4 ) I -t r"o " fati*. ut'J..' /*o{ peF$oc-r"'ln"'21 .l-lC$i.-. r.!"- g fin L. lal R.,f g"-"I-e"J-' No'2- t*"+ @ AND

1. The State of Telangana, Rep.by its Public Prosecutor, High Court building, HYderabad Through PS Mahankali. Secunderabad.

2. Sri.Garikumukku VijaY Kumar S/o Yesudasu (wronglY shown as Dasu in FIR & CC) Aged 37 Years, Occ:Private Service, R/o H.No.6-95, RTC Colony, OId RamanthaPur, UPPal, HYderabad & native of Malleswaram, Krishna District Andhra Pradesh -57t324. Respondents/Defact-com plai na nt JOINT COMPROMIS E MEMO It is respectfully submitted that the 2nd respondent filed complaint 1. against Petitloners/Accused- 1 to 4 and another before the 1sr respondent Police, inter-alia alleging offence under Section 420 of IPC- and Sec' 63 & 65 of Copy Right Act, 1957 wherein he alleged that, the petitioners have sellinq the spuiious products of the HP Conrpany'

2. Whlle things stood thus, atter inte!-vention of the elders and well-wishers of both petitioner on one hand and 2nd respondent on the other out of court in the first week of )uly, 7025 Wherein the 2"d respondent/complainant agreed to withdraw the case in C'C No'202508 of 2016 arisinq out of FIR.No'l l)l2ot6 as he does not wish to pursue this matter any [urther. Therefore, in view of the compromise between the parties' no ' t.?r#t A'"t\ Petitiofrer l\o.4 Petitiorier No.2 { PetitioJer No.3 (vn (Ga Res pondent No.2 \|\ purpose will be served in continuing the crime against the petitioner. Further the offences are private in nature and the same are compoundabre with the permission of this Hon'ble ccourt as the punishment prescribed for the offence under section 63 & 65 of Copy Right Act, 1957 is not less than six months but which may extend to three years and offence under sec. 420 IpC is up to 7 years on Iy.

3. Henceforth, there shall not be any claims whatsoever against the petitioner and the 2nd respondent and that they shall not interfere with their individual lives in any manner whatsoever in future.

4. In view of realizing the said mistake, which was occurred bonafidely and under mistaken circumstance on the part of the 2nd respondent as such, he has agreed to withdraw the complaint in CC.No.20250g of 2016 on the file of XI Addl. Chief Metropolitan Magistrate at Secunderabad against the petitioners.

5. The 2nd respondent shall not file any fresh complaint/s, case/s etc., against the petitioner herein in future concerning the same.cause oF action and so also, the petitioner shall not file any cases against the 2nd respondent also. Pet Petit#;:f olr" I PetitionJr No.2 , Petitioner No.3 -.G,{a en No.2 \