Nohd Yasin v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2285/2017 MOHD. YASIN ..... Petitioner Through Mr.

Pratap Dhaka and Mr.

Raj Kumar, Advs.

versus THE STATE & ANR ..... Respondents Through Mr. G.M. Farooqui, APP with SI Abodh Sharma, P.S. Preet Vihar for respondent no. 1 Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.12.2017 It is submitted that respondent no. 2 is brother-in-law of petitioner. Disputes arose between the petitioner and respondent no. 2 in respect of use of trade mark "Heera", which led to registration of the present FIR No.274/2009 under Sections 103/104 of Trade Marks Act, 1999 and under Sections 482/486 IPC at Police Station Preet Vihar, on the complaint of respondent no. 2. Petitioner and respondent no.2 have settled their disputes amicably vide a Compromise Deed dated 20th May, 2017; therefore, aforesaid FIR and the consequent proceedings emanating therefrom may be

quashed. Respondent no. 2 is present in Court and has been identified by SI Abodh Sharma of police station Preet Vihar.

Respondent no. 2 admits having settled the matter with petitioner of his own free will, voluntarily and without any undue force, pressure or coercion. He submits that he is not willing to pursue the FIR any further against the petitioner and the same may be quashed. Affidavit of respondent no. 2 is also no record, wherein he has stated that he has no objection if the FIR and the consequent proceedings emanating therefrom are quashed.

Keeping in view the settlement arrived at between the petitioner and respondent no. 2, in the interest of justice, FIR No.274/2009 under Sections 103/104 of Trade Marks Act, 1999 and under Sections 482/486 IPC at Police Station Preet Vihar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

DECEMBER 19, 2017 r.bararia