Karnataka High Court
Reach Distributors India Private ... vs Bpl Limited on 27 January, 2026
-1-
NC: 2026:KHC:4415
CRL.P No. 11753 of 2022
C/W CRL.P No. 11671 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
CRIMINAL PETITION NO. 11753 OF 2022
C/W
CRIMINAL PETITION NO. 11671 OF 2022
BETWEEN:
1. REACH DISTRIBUTORS INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956, HAVING ITS
REGISTERED OFFICE AT NO.603
ANSAL KRSNA-II, AUDUGODI,
HOSUR ROAD, BENGALURU-560030
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. RICKY GOSAIN
2. MR. RICKY GOSAIN
SON OF MR. SURESH CHANDRA
GOSAIN, AGED ABOUT 48 YEARS
MANAGING DIRECTOR OF REACH
DISTRIBUTORS (INDIA) PRIVATE
Digitally signed
by PRASHANTH LIMITED, HAVING ITS REGISTERED
NV
Location: High OFFICE AT, NO. 603, ANSAL
Court of KRSNA-II, AUDUGODI, HOSUR
Karnataka
ROAD, BENGALURU - 560 030
...COMMON PETITIONERS
(BY SRI. BASANAGOUDA .M. PATIL, ADVOCATE FOR
SRI. PRASHANT POPAT, ADVOCATE)
AND:
BPL LIMITED
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT 1956,
HAVING ITS CORPORATE OFFICE AT
-2-
NC: 2026:KHC:4415
CRL.P No. 11753 of 2022
C/W CRL.P No. 11671 of 2022
HC-KAR
NO.64, CHURCH STREET
BENGALURU 560 001
REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR. M.L. KIRAN
...COMMON RESPONDENT
(BY SRI. ABHINAV V., ADVOCATE FOR
SRI. KASHYAP N. NAIK, ADVOCATE)
CRIMINAL PETITION NO.11753 OF 2022 IS FILED U/S.482
CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 22.12.2017
(ANNEXURE-A), THE ORDER DATED 13.09.2019 (ANNEXURE-B) AND
ALL PROCEEDINGS ARISING THEREFROM (ANNEXURE-C), IN IV
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT,
BANGALORE IN PCR NO.1577/2018.
CRIMINAL PETITION NO.11671 OF 2022 IS FILED U/S.482
CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 22.12.2017
(ANNEXURE-A), THE ORDER DATED 04.12.2019 (ANNEXURE-B) AND
ALL PROCEEDINGS ARISING THEREFROM (ANNEXURE-C), ON THE
FILE OF IX ADDL.C.M.M., BENGALURU IN C.C. NO.5483/2020.
THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL ORDER
Learned counsel for the petitioners and respondent submit in unison that the dispute between the parties is settled amicably.
-3-NC: 2026:KHC:4415 CRL.P No. 11753 of 2022 C/W CRL.P No. 11671 of 2022 HC-KAR
2. In Crl.P.11671/2022, learned counsel for the petitioners has filed an application under Section 482 of the Code of Criminal procedure, 1973 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings initiated against them in CC.No.5483/2020 on the file of learned IX ACMM, Bengaluru.
The joint affidavit accompanying the application reads as under:
"JOINT AFFIDAVIT We, i. Ricky Gosain, son of Suresh Chandra Gosain, residing at #105, Delphi II, Prestige Acropolis, Adugodi, Bengaluru- 560030, the 2nd Petitioner and the authorized representative of the 1ª Petitioner; and ii. Mr. M.L. Kiran, the authorized representative of the Respondent, having my office at No. 64, Church Street, Bengaluru 560 001 do hereby solemnly affirm and declare on oath as follows:
1. We are the Petitioners and Respondent Respectively in the above matter and we are well conversant with facts and circumstances of the case, and as such we are competent to swear to this affidavit.
2. The 1st Petitioner is engaged in the business of distribution, trading and dealing in various electronic gadgets and consumer durables. The 2nd petitioner is the Managing Director of the 1st petitioner. The respondent, BPL Limited, is engaged in the manufacture and sale of consumer electronic products such as television, refrigerators and washing machines.-4-
NC: 2026:KHC:4415 CRL.P No. 11753 of 2022 C/W CRL.P No. 11671 of 2022 HC-KAR
3. The 1 Petitioner and 1 Respondent entered into three Agreements dated 17/10/2008, 30/01/2009 and 26/02/2015 under which the 1st Petitioner would sell certain electronic products under the brand name of the Respondent, that is 'BPL". Subsequently, certain disputes arose under the said three Agreements.
4. The aforesaid disputes were referred to adjudication by arbitration as per the arbitration agreement between the parties. Hon'ble Justice V. Jagannathan (Retd.), the Arbitrator in Arbitration Case No. 132/2016 passed an Arbitral Award dated 16/11/2017 dismissing the claim of the Respondent and the counter claim of the 1st Petitioner. The Respondent being aggrieved by the said Award, preferred an Application under Section 34 of the Arbitration and Conciliation Act, 1996 ('the Act'), before the District Commercial Court, Bengaluru, in Comm. A.S. No. 35/2018 seeking to set aside the Award. The said Application was dismissed by Order dated 18/10/2021. The Respondent thereafter challenged the said Order before this Hon'ble Court under Section 37 of the Act in Comm. A.P. No.229/2021, which came to be disposed of vide Order dated 29/11/2024.
5. During the course of the aforesaid proceedings, the Respondent also filed a Private Complaint in P.C.R. No. 1020/2018 before the IX Additional Chief Judicial Magistrate Bengaluru. Subsequently, proceeding on the said complaint, a case was registered in C.C. No. 5483/2020 for the Offences punishable under Sections 102, 103, 104 and 114 of the Trademarks Act 1999. The substance of the complaint relates to the alleged misuse of the trademarks of the Respondent by the 1 Petitioner.
6. The parties have since settled all their disputes., which is recorded in writing under a Settlement Agreement dated 27/11/2024. In terms of the said settlement, the Respondent has paid the settlement amount of Rs.1,00,000/- (Rupees One Lakh only) to the 1st Petitioner. The said amount is paid in full and final settlement of all contractual, monetary and related claims. The Respondent acknowledges receipt of the entire settlement amount and confirms that there are no further claims, demands or disputes of any nature whatsoever outstanding between the parties. Copy of -5- NC: 2026:KHC:4415 CRL.P No. 11753 of 2022 C/W CRL.P No. 11671 of 2022 HC-KAR the settlement Agreement dated 27/11/2024 is produced herewith as Document No.1.
7. In view of the settlement between the parties, the Respondent had also unequivocally consented to seeking quash of the criminal proceedings in C.C. No.5483/2020 pending before the IX Additional Chief Metropolitan Magistrate, Bengaluru, since the dispute is contractual and civil in nature, and has been settled in terms of the Settlement Agreement as mentioned above. As such the parties are filing the present application seeking quash of the proceeding pending before IX Additional Chief Metropolitan Magistrate Bengaluru.
8. The parties are executing this joint Affidavit voluntarily, without any coercion or undue influence. WHEREFORE, in view of the above settlement of disputes, it is respectfully prayed that this Hon'ble Court be pleased to grant the prayer made in the accompanying Application and record the settlement and quash the Complaint dated 22.12.2017, an the proceedings in C.C. No.5483/2020, for offences under Sections 102, 103, 104 and 114 of the Trade Marks Act, 1999, pending before the IX Additional Chief Metropolitan Magistrate, Bengaluru, in the interest of justice."
3. The settlement agreement dated 27.11.2024 is also enclosed with the joint affidavit.
4. In Crl.P.11753/2022, learned counsel for the petitioners has filed a joint memo dated 27.01.2026, which reads as under:
"Joint Memo The parties most respectfully submit as follows:
1) During the course of the instant proceedings, the petitioner and respondent have amiably resolved -6- NC: 2026:KHC:4415 CRL.P No. 11753 of 2022 C/W CRL.P No. 11671 of 2022 HC-KAR their inter-se disputes vide settlement agreement dated 27.11.2024, produced as Document No.1.
2. In terms of the said settlement, the respondent has paid a sum of Rs.1,00,000/- (rupees one lakh) to the 1st petitioner toward full and final settlement and no further claims remain as outstanding between the parties.
3) As such both parties consent to the present criminal petition being disposed of for having been settled as per terms of settled agreement entered into by both parties on 27.11.2024, which has also been reported in Comm.AP.229/2021.
4) The respondent shall file a copy of the above mentioned settlement agreement before the LD.Trial Court along with a copy of the final order passed in the above mentioned criminal petition to withdraw the underlying complaint.
Wherefore, it is most respectfully prayed that this Hon'ble Court maybe pleased to receive the instant memo on record and dispose of the above mentioned petition for having been amicably settled by the parties."
5. Mr. Ricky Gosain, representing petitioner - accused No.1 and arrayed as accused No.2 in his personal capacity and Mr. M.L. Kiran, representing the respondent - Company are present before the Court and they are identified by their respective counsels. Both the accused as well as the complainant admitted the terms and contends of joint affidavit and also the settlement agreement dated 27.11.2024. The respondent specifically submits that he has no objection to -7- NC: 2026:KHC:4415 CRL.P No. 11753 of 2022 C/W CRL.P No. 11671 of 2022 HC-KAR quash the criminal proceedings that are registered against the petitioners.
6. In view of the above, the application filed under Section 482 of the Code of Criminal procedure, 1973 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is to be allowed.
7. Considering the affidavit accompanying the application, IA.No.1/2026 is allowed.
For the reasons stated supra, the petitions are allowed.
The criminal proceedings initiated against the petitioners in CC.No.5483/2020 pending on the file of IX Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed.
SD/-
(M G UMA) JUDGE PNV CT:VS List No.: 2 Sl No.: 14