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High Court of DelhiCRL.M.C./4518/2016

Shankar & ORS v. State (NCT Of Delhi) & ANR

2017-04-20Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4518/2016 & CRL.M.A.No.18898/16 SHANKAR & ORS ..... Petitioners Through :

Mr.D.K.Sharma, Advocate along with petitioners in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through :

Mr.Amit Gupta, APP with SI Amit Kumar, PS Connaught Place.

Mr.Ashwani Katoch, Authorized representative of Indian Music Industries / R2.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 20.04.2017 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.89/2002 registered under Sections 63/68(A) of Copy Right Act at PS Connaught Place, New Delhi. It is stated that the matter has been settled amicably with the complainant / respondent No.2.

2.

Authorized Representative of Indian Music Industries / respondent No.2 is present and has been identified by the Investigating Officer. I have enquired from him if they have settled the dispute with the petitioners amicably without any fear or pressure. He has informed that all the disputes between the parties have been CRL.M.C. 4518/2016

resolved amicably with their free consent and they have no objection to the quashing of the FIR in question.

I have examined the Trial Court record. It reveals that so far PW-1 (Amar Arora) examined has not supported the prosecution and he has been declared hostile. Similar is the testimony of PW-3 (Bhim Sen).

PW-6 (Jaswinder Sharma) has been partly examined and his examination-in-chief is incomplete. Apparently, no effective progress has taken place so far in the trial.

3.

The petition is supported by affidavits of the parties. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to put an end to the litigation, FIR No.89/2002 registered under Sections 63/68(A) of Copy Right Act at PS Connaught Place, New Delhi and all the proceedings arising therefrom are quashed.

4.

The petitioners are directed to deposit ` 20,000/- as costs in the Prime Minister Relief Fund within two weeks. Registry shall ensure its compliance.

5.

The petition stands disposed of accordingly.

Pending application also stands disposed of.

S.P.GARG, J.

APRIL 20, 2017 / tr CRL.M.C. 4518/2016