Bhairav Embro Designs Pvt Ltd v. State

Delhi High Court · 30 Sep 2011 · 2011:DHC:10256
V. K. Shali
CRL. M.C. 309/2011
2011:DHC:10256
criminal petition_allowed

AI Summary

The High Court quashed a copyright infringement FIR under Sections 63/63(b) of the Copyright Act, 1957 on the ground of an amicable settlement between the parties before charge sheet filing.

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$-5
* IN THE HIGH COURT OF
+ cRL. M.C. 309 IIZOLL
BHAIRAV EMBRO DESIGNS
PVT LTD & ANR
Through:
VERSUS
STATE & ANR
Through:
CORAM:
I-ION'BLE MR. JUSTICE
30.09.2011
DELHI AT NEW DELHI..... Petitioners
Mr. Manjit Singh, Advocate ..... Respondents
Mr.Navin Sharma, APP
SI Rajiv Vats, P.S.
DIU/S. E. Distt.
Mr. Yadhuvir Singh proxy counsel for Mr.Neeraj Grover, Advocate for R-2.
V.K. SHALI o/o
I
2.
This is a petition for quashing of FIR No.327/2OLO under
Section 63/63(b) of the Copyright Act, t957 registered at
Okhla Industrial Area, in respect of which the charge sheet has still not been filed.
The ground for quashing of FIR is that the parties have settled the matter. Affidavit of one Sh.Anil Soni has been filed for self and on behalf of the petitioner No.1 i.e. Bhairav
Embro Designs Pvt. Ltd. The affidavit of Mr. Rahul Tyagi, petitioner No.3 is also on record. Similarly, on behalf of the respondent No.2/complainant, Wings CAD India Pvt. Ltd., one
Sh.Sumit Grover has filed the affidavit. In all these affidavits it has been stated that the pirties have amicably settled their
2011:DHC:10256
\
3. disputes and the complainant does not want to prosecute the
FIR. The parties are present in Court. They have been duly identified by their counsel. Learned APP does not have any objection as this complaint essentially pertains to violation of copyrights which is more in the nature of private dispute and does not have any impact on the society at large.
I have considered the submissions made by the learned counsel for the parties and also gone through the record.
Since the parties have settled the matter/ no useful purpose would be served by continuing the proceedings. The petitioners have also deposited a sum of Rs.1.5 Lac as was volunteered by them as recorded in the order dated
15.09.20L1.
In view of the aforesaid facts and circumstances, FIR
No.327/2OIO under Section 63/63(b) of the Copyright Act, 1957 registered by P.S. Okhla Industrial Area and the consequent proceedings are quashed.
Parties to bear their own costs. v.K. sHALr, J t'
4.
5.
SEPTEMBER 30, 2O11 lnr at
2011:DHC:10256
JUDGMENT