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$-17 HIGH COURT OF DELHI
CRL.M.C. 1575/2011
ANIL MITTAL Petitioner
Through Mr. Navin Prakash, Adv. with Petitioner in person.
CRL.M.C. 1575/2011
ANIL MITTAL Petitioner
Through Mr. Navin Prakash, Adv. with Petitioner in person.
VERSUS
STATE OF NCT OF DELHI & ANR Respondent
Through Mr. Mukesh Gupta, APP for State with SI Chandra Bhan Singh, Economic Offices Wing Crime
Branch.
Mr. Neeraj Grover, Adv. for R-2 with R-2 in person.
Through Mr. Mukesh Gupta, APP for State with SI Chandra Bhan Singh, Economic Offices Wing Crime
Branch.
Mr. Neeraj Grover, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
06.09.2011 By this petition the Petitioner seeks quashing of FIR No. 127/2009 registered at P.S. Economic Offences Wing, IPR Section, Crime Branch under Sections 103/104 of Trademarks Act, 1999 and Section 63 of
Copyrights Act, 1957 on the ground that the parties have settled the matter.
Shri Rajesh Arora, the Respondent No.2 filed the abovementioned complaint as a Special Power of Attorney of his father Shri Virender
Kumar Arora sole proprietor ofM/s. Asia Paints the owner of
06.09.2011 By this petition the Petitioner seeks quashing of FIR No. 127/2009 registered at P.S. Economic Offences Wing, IPR Section, Crime Branch under Sections 103/104 of Trademarks Act, 1999 and Section 63 of
Copyrights Act, 1957 on the ground that the parties have settled the matter.
Shri Rajesh Arora, the Respondent No.2 filed the abovementioned complaint as a Special Power of Attorney of his father Shri Virender
Kumar Arora sole proprietor ofM/s. Asia Paints the owner of
CRL.M.C. 1575/2011 page1 of3
2011:DHC:9971 Trademark MURGA and copyright owner of the artistic feature of the plastic container pertaining to the packagings used by the firm to pack its goods. He states that after the last date of hearing the Petitioner and the Respondent No.2 have settled the matter. He further states that abovementioned FIR was registered pursuant to the raids conducted on three parties. As regards the two other accused the FIR qua them stands quashed. The only accused remaining is the Petitioner herein with whom also the Respondent No.2 has settled the matter. He further states that in view of the settlement between the parties, he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 127/2009 registered at P.S. Economic
Offences Wing, IPR Section, Crime Branch under Sections 103/104 of
2011:DHC:9971 Trademark MURGA and copyright owner of the artistic feature of the plastic container pertaining to the packagings used by the firm to pack its goods. He states that after the last date of hearing the Petitioner and the Respondent No.2 have settled the matter. He further states that abovementioned FIR was registered pursuant to the raids conducted on three parties. As regards the two other accused the FIR qua them stands quashed. The only accused remaining is the Petitioner herein with whom also the Respondent No.2 has settled the matter. He further states that in view of the settlement between the parties, he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 127/2009 registered at P.S. Economic
Offences Wing, IPR Section, Crime Branch under Sections 103/104 of
CRL.M.C. 1575/2011 page2 of3
Trademarks Act, 1999 and Section 63 of Copyrights Act, 1957 and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition is disposed of. Order dasti.
SEPTEMBER 06, 2011 'ga'
Trademarks Act, 1999 and Section 63 of Copyrights Act, 1957 and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition is disposed of. Order dasti.
SEPTEMBER 06, 2011 'ga'
CRL.M.C. 1575/2011
. P MUKTA GUPTA,J e6
. P MUKTA GUPTA,J e6
JUDGMENT