High Court Kerala High Court

M/S.Malayalam Communications … vs P.K.Sanil Kumar on 24 August, 2009

Kerala High Court
M/S.Malayalam Communications … vs P.K.Sanil Kumar on 24 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2906 of 2007()


1. M/S.MALAYALAM COMMUNICATIONS LIMITED,
                      ...  Petitioner
2. M/S.KAIRALI TELEVISION,
3. JOHN BRITTAS, AGED 45 YEARS,
4. P.I.MOHAMMEDKUTTY @ MAMMOOTTY,
5. SHIBU CHAKRAVARTHY, AGED ABOUT 42 YEARS,

                        Vs



1. P.K.SANIL KUMAR, AGED 38 YEARS,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :SRI.P.S.SREEDHARAN PILLAI

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :24/08/2009

 O R D E R
                         THOMAS P.JOSEPH, J.
               = = = = = = = = = = = = = = = = = = = = = = = =
                           CRL. R.P. NO.2906 of 2007
               = = = = = = = = = = = = = = = = = = = = = = = = =
                  Dated this the 24th day of August,     2009

                                  O R D E R

————–

This revision is at the instance of accused Nos.1 to 5 in C.C.

No.127 of 200 of the court of learned Chief Judicial Magistrate,

Kozhikode. Case arose on a private complaint preferred by respondent

No.1 against petitioners/accused 1 to 5 and accused Nos.6 to 8.

Allegation is that in pursuance to the conspiracy between petitioners

and accused Nos.6 to 8, they, in furtherance of their common

intention to telecast the film “Malabaril Ninnoru Manimaran” through

petitioner No.2 and obtain illegal gain allegedly fabricated an

agreement for selling the rights and contents of the same,

committed criminal breach of trust and by misusing the negative and

positive of the said film committed offences as alleged. Learned

magistrate took cognizance of the offences punishable under Sections

51, 62 and 63 of the Copy Rights Act against petitioners and accused

Nos.6 to 8. Cognizance to the extent it concerned the petitioners is

under challenge in this revision.

2. Petitioners and respondent No.1 have filed Crl.M.A.

No.8231 of 2009 reporting that the matter has been settled between

CRL. R.P. No.2906 of 2007

-: 2 :-

them out of court. It is stated in paragraph 5 of the joint statement

that matter is compromised with the petitioners as well as the

remaining accused (accused Nos.6 to 8) who are not parties to this

proceeding. Respondent No.1 has no grievance against any of the

accused in C.C. No.127 of 2007. It is therefore requested that invoking

the power under Section 482 of the Code of Criminal Procedure (for

short, “the Code”) entire proceeding in C.C No.127 of 2007 may be

quashed to secure the ends of justice.

3. I have heard learned counsel for petitioners and

respondent No.1. They asserted that the entire matter has been

settled between all the accused including petitioners and respondent

No.1. Offences for which cognizance has been taken by the learned

magistrate and are not compoundable. But in this case parties have

settled the dispute. This is a private dispute between the parties. It

has been amicably settled between them. In Nikhil Merchant v.

State of U.P. (2008 (3) KHC 955) it has been held that

technicalities should not stand in the way of the court interfering with

any such private dispute where parties have settled their disputes. In

this case in the light of the compromise reached between the parties

there is no possibility of evidence being let in to support the

CRL. R.P. No.2906 of 2007

-: 3 :-

allegations against petitioners and accused Nos.6 to 8. Having regard

to the entire facts and circumstances of the case I am inclined to

invoke the power under Sec.482 of the Code. There is no reason why

the benefit of this order should not be given to accused Nos.6 to 8

though they are not parties in this revision in the light of the statement

in paragraph 5 of the joint statement that entire dispute between the

petitioners and respondent No.1 including accused Nos.6 to 8 has

been settled amicably.

4. Criminal Miscellaneous Application No.8132 of 2009 is

allowed. Entire proceeding in C.C.No.127 of 2007 of the court of

learned Chief Judicial Magistrate, Kozhikode is quashed. I make it

clear that the benefit of this order will also go to accused Nos.6 to 8.

Revision petition is disposed of as above.

THOMAS P.JOSEPH, JUDGE.

vsv