Ravi Nair & ANR. v. State & ANR.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6148/2019 RAVI NAIR & ANR.

..... Petitioners Through:

Mr. Jawahar Raja, Advocate with petitioners in person.

Versus

STATE & ANR.

..... Respondents Through:

Ms. Manjeet Arya, APP for State with SI K. Birjit, P.S. Janakpuri.

Mr. Nitesh Kumar Singh and Ms.

Roushan Aara, Advs. with R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 15.01.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 301/2008 under Section 63 of the Copyright Act, 1957 registered at P.S. Janak Puri on the ground of settlement having been arrived at between the petitioners and respondent no. 2.

2.

As per the case of the prosecution, the present FIR has been filed against the present petitioners on the complaint that the petitioners have wilfully published the complainant's original literary works, publication etc., and thereby violated the complainant's copyright. 3.

Ms. Manjeet Arya, learned APP for the State submits that the charge sheet in the present case has been filed against the petitioners and respondent no.2 is the only complainant/victim.

4.

Learned counsel for the petitioners submits that the petitioners and respondent no.2 have settled their disputes before the Mediation Centre, Saket Court, New Delhi on 21.05.2019. A copy of the proceeding dated 21.05.2019 is annexed as Annexure A-6. In terms of the settlement, respondent no.2 is now left with no claim whatsoever against the petitioners. 5.

Petitioners and respondent no.2 are present in person. They have been identified by their respective counsel and the Investigating Officer. 6.

Respondent no. 2 states that he has entered into the settlement with the petitioners out of his own free will, volition and without any undue force, pressure or coercion. He further states that he has no objection if the present FIR and the consequent proceedings are quashed. 7.

It is submitted that another FIR No. 704/2006 under Section 63 of the Copyright Act and Sections 182/34 IPC registered at P.S. Janak Puri on the complaint of Suhas Chakna, is also pending between the parties which has been quashed vide today's order passed in Crl. M.C. 6152/2019. 8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the parties, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, the aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to costs of Rs.10,000/- to be deposited by the petitioners with the Delhi High Court Legal Services Committee within one week. The receipt, evidencing deposit of costs, be filed in the Registry and handed over to the Investigating Officer.

10.

With the above directions, the petition is disposed of. Miscellaneous applications are disposed of as infructuous.

11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 15, 2020 ga