THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 8651 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’), seeking quashment of the proceedings against the petitioners in Crime No. 639 of 2025 of Raidurgam Police Station, Cyberabad Commissionerate, Ranga Reddy District.

2. The petitioners are arrayed as accused Nos.1 to 4 in the aforesaid Crime facing accusations for the offences punishable under Sections 318(3), 316(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’), Sections 63, 69 of the Copyright Act, 1957.

3. Heard Mr. Sanjay Kishore, learned counsel, representing TLH Advocates and Solicitors, appearing for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Mr. Sourabh Agarwal, learned counsel for respondent No.2/de-facto complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, they have filed Joint Memo of Compromise dated 14.07.2025 stating that the dispute between both the parties has been amicably settled out of the Court by mutual consent and in furtherance of the amicable settlement of the disputes, respondent No.2/de facto complainant does not have any objection for quashing of proceedings in Crime No.639 of 2025 against the petitioners and prayed for recording the settlement and to quash the proceedings against the petitioners/accused Nos. 1 to 4 in Crime No. 639 of 2025.

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

6. The police report is filed by the de facto complainant, who is authorized representative of Novex Communications Private Limited, Hyderabad, which is the owner-assignee and authorized agent/licensee for on-ground public performance rights of a large repertoire sound recordings from various music labels, as listed on its website www.novex.in, on 11.10.2024, IKEA Hyderabad, owned by M/s. IKEA India Private Limited, hosted a Dandiya event for customers and the public at its premises, where songs were played through a DJ and attendees danced to the music. Accused Nos.1 and 2, who are directors, and accused Nos.3 and 4, who are Company Secretary and Market Manager, respectively, knowingly and dishonestly played Novex owned sound recordings without obtaining the required licence, thereby committed the alleged offences.

7. Having regard to the nature of offences and taking into account the Joint Memo of Compromise dated 14.07.2025 stating amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. State of Punjab and another¹ and Anil Mishra v. State of U.P., 2024 INSC 189; State of Madhya Pradesh v. Laxmi Narayan and others,³ 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./528 of BNSS, 2023, would be in the interest of justice.

8. Accordingly, the Criminal Petition is allowed. Consequently, all proceedings in Crime No. 639 of 2025 of Raidurgam Police Station, Cyberabad Commissionerate, Ranga Reddy District, are hereby quashed against the petitioners/accused Nos. 1 to 4.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 22.07.2025 svl