Karnataka High Court
Arun Kumar Francis vs State Of Karnataka on 28 October, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
CRIMINAL PETITION NO.5944 OF 2018
BETWEEN:
1. ARUN KUMAR FRANCIS
S/O FRANCIS A, AGED ABOUT 41 YEARS,
RESIDING AT 52/2 LOURDH NILAYAM
BEHIND SYNDICATE BANK
6TH CROSS, HAL POST,
OLD AIRPORT ROAD,
BANGALORE-17 (PRESENTLY RESIDING)
2. DEEPAK ANUPAM BHATNAGAR
S/O ANUPAM PRAKASH BHATNAGAR,
AGED ABOUT 39 YEARS,
RESIDING AT SNN RAJ SERENITY
E4/803, BEGUR ROAD
KOPPA ROAD, YELENAHALLI
BANERGHATTA BANGALORE 68
(PRESENTLY RESIDING) ... PETITIONERS
(BY SRI.MANU KULKARNI, ADVOCATE
SRI. DHARMATEJ, ADVOCATES FOR POOVAYYA & CO,
ADVOCATES)
AND:
1. STATE OF KARNATAKA
BY ASHOKNAGAR POLICE STATION
BANGALORE 560025, REP. BY SPP,
2. FEDERAL BRANDS LIMITED
A-46, STREET NO.2, OPP. IDBI BANK , MIDC
ANDHERI (EAST), MUMBAI 400093
REPRESENTED BY ITS DIRECTOR
L. VINAY REDDY ... RESPONDENTS
(BY SRI.K.P.YASHODA-HCGP FOR R1
SRI. CHETHAN, ADVOCATE FOR SRI. CHANDRASHEKAR.C,
ADVOCATE FOR R2)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C. PRAYING TO QUASH THE FIR IN CRIME
NO.608/2015 REGISTERED BY THE RESPONDENT NO.1,
ASHOK NAGAR P.S., ON THE COMPLAINT OF THE
RESPONDENT NO.2 FOR THE OFFENCE P/U/S 102,103,104
AND 105 OF TRADE MARK ACT, 1999 PENDING ON THE FILE
OF II ADDL.C.M.M., NRUPATHUNGA ROAD, BENGALURU AND
ETC.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
On a complaint by respondent No.2 an FIR has been registered against the petitioners herein for misuse of Trade Mark belonging to respondent No.2 under the provision of Section 102, 103, 104 and 105 of Trade Marks Act, 1999. Aggrieved by the same, the instant petition is filed.
2. It is submitted by the advocate for petitioners as well as advocate for respondent No.2 that the dispute between the petitioners and respondent No.2 is essentially Civil in nature and the same has been settled amicably between the parties. In this regard, a joint memo has been filed by the Advocate for petitioners and advocate for respondent No.2. 3
3. The memo is signed by Sri.Manukulkarni (KAR/1129/2008), Sri.Dharmateju (KAR/861/2016) learned advocate for petitioners and Sri. Chethan (KAR/511/2021), who submits that he appear for his Senior counsel Sri. C.Chandrashekar and is authorized to sign the memo and has done so upon the instructions of respondent No.2.
4. Both the advocate for petitioner as well as respondent No.2 and also learned HCGP submits that in the light of compromise entered into between the parties, the proceedings may be quashed.
Hence, the following;
ORDER The proceedings in Crime No.608/2015 on the file of 2nd Additional CMM Court, Nrupatunga Road, Bangalore City against the petitioners is hereby quashed.
Sd/-
JUDGE BH