High Court of DelhiCRL.M.C./3120/2017

Dheeraj Sharma & ORS. v. The State & ANR.

2017-08-10Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3120/2017 & Crl. M.A. No. 12872/2017 (stay) DHEERAJ SHARMA & ORS.

..... Petitioners Through:

Mr.D.K.Sharma, Advocate.

versus THE STATE & ANR.

..... Respondents Through:

Ms.Anita Abraham, APP for the State with ASI Barmeshwar Goswami from Police Station-Mehrauli for R-1.

Mr.M.C.Sharma, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 10.08.2017 Crl. M.A. No.12873/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 3120/2017 & Crl. M.A. Nos. 12872/2017 (stay) The instant petition has been filed by the petitioners seeking quashing of FIR No. 102/2009 for the offences punishable under Sections 73/68-A of Copy Right Act registered at Police Station-Economic Offences Wing, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in this matter.

Respondent No. 2 is present in Court today and is identified by his counsel and the Investigating Officer. He has stated that he has settled the matter with the petitioners of free will and choice without any threat, pressure and coercion.

CRL.M.C. 3120/2017

Statements of the parties have been recorded separately. Quoting the judgments of Gian Singh v. State of Punjab (2012) 10 SCC Apex Court and Narinder Singh v. State of Punjab (2014) 6 SCC 466 in Crl. M. C. 1103/2016 titled as Harjeet Singh & Anr. vs. The State of NCT of Delhi & Anr, the Coordinate Bench of this Court has quashed the case FIR wherein the offences under Sections of the Trademark Act and Copyright Act were involved.

Keeping in view the facts, decision rendered by the other bench of this Court and parties have amicably resolved their differences voluntarily and of their own free will and without any coercion, pressure, and no useful purpose will be served in continuance of the proceedings. It would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. Consequently, FIR No. 102/2009 for the offences punishable under Sections 63/68-A of Copy Right Act registered at Police StationEconomic Offences Wing, Delhi and proceedings pursuant thereto are hereby quashed.

The petition alongwith pending application, is disposed of. SANGITA DHINGRA SEHGAL, J AUGUST 10, 2017/ssc CRL.M.C. 3120/2017