Jiten Bahl v. State (NCT Of Delhi) & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3769/2015 JITEN BAHL ..... Petitioner Through:

Mr.Achal Gupta, Adv. with Ms.Annie Rais, Adv.

versus STATE (NCT OF DELHI) & ORS.

..... Respondents Through:

Mr.Kewal Singh Ahuja, APP for State SI Jitendra Singh, EOW Mr.Manish Biala, Adv. for R-2 with Mr.Barath Kumar. U, AR.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 23.01.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 103/2012, under Sections 63 & 65 Copyright Act 1957 & Sections 103/104 Trademarks Act, 1999, registered at Police Station-EOW, C & R, New Delhi and all proceedings emanating therefrom.

Counsel for the petitioner has submitted that the petitioner is an individual person who was dealing with the products of automobile parts. He has further submitted that respondent No.2 is a company dealing with automobile products. He has submitted that due to misunderstanding between the parties, the respondent company lodged FIR No. 103/2012, under Sections 63 & 65 Copyright Act 1957 & Sections 103/104 Trademarks Act, 1999 at Police Station- EOW, C & R, New Delhi. He has

further submitted that after registration of the FIR qua the petitioner, the near business friends intervened and the petitioner gave an undertaking that he will not indulge in infringing products of respondent company in near future. Learned counsel for the petitioner further submits that all disputes have been amicably settled between the parties vide MOU dated 11th August, 2015 and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioner. He further submits that since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed.

Mr.Barath Kumar. U, subsequent AR on behalf of respondent company is present in Court today and has been identified by his counsel Mr.Manish Biala, Advocate. Mr.Barath Kumar. U who is representing the respondent company through letter of authority dated 6th August, 2016 submits that the matter in dispute has been resolved amicably between the parties and the terms of settlement has been reduced down into writing vide MOU dated 11th August, 2015. He submits that the respondent company has no claim or grievance left against the petitioner and nothing remains to be adjudicated further and has no objection if the FIR in question is quashed. Looking into the above facts and circumstances, since the matter has been amicably settled between the parties and nothing remains to be adjudicated further, I deem it appropriate to quash the FIR No. 103/2012, under Sections 63 & 65 Copyright Act 1957 & Sections 103/104 Trademarks Act, 1999, registered at Police Station-EOW, C & R, New Delhi, and all proceedings emanating therefrom. Parties to remain bound by the terms of MOU dated 11th August, 2015.

The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JANUARY 23, 2017/radhika