Full Text
CRL.M.C. 1512/2011
GAJENDRA KR. GUPTA Petitioner
Through: l^r. S. P. Pandey, Adv.
Through: Ms. Shilpi Jain, Adv.
10.08.2011
ORDER
1. This is a petition under Section 482 Cr.P.C. for quashing of an FIR No. 316/1999 under Section 63 Copyright Act and under Section 78 and 79 of Trade Mark Act registered by P.S. Sadar Bazar, Delhi in respect of which the trial is pending before the learned ACMM, Tis Hazari Courts, Delhi. The ground for quashing of the FIR is that the petitioner has struck a compromise with the respondent no.2/complainant M/s T. T. Ltd. (formerly Tirupati Texnit Ltd.). It has been further stated by the learned counsel for the petitioner that the allegation against the petitioner was that a consignment of around 30 packets of undergarments manufactured under the brand name of T.T. Ltd. were allegedly recovered from the petitioner. It has been stated that the value of the said goods was approximately 2011:DHC:8978 ?1,500/- to ?2,000/- in the year 1999 when the alleged incident was said to have taken place. It has also been stated that the petitioner has now arrived at a settlement with the respondent no. 2 and the affidavit of Sh. Rikhab Chand Jain, Managing Director of T. T. Ltd. has been filed
2. Notice was issued on the last date of hearing.
3. Qfl the last date of hearing., the Trial Court record was requisitioned, however, the same has not been sent.
4. Be that as it may, the learned counsel for the respondent no. 2 has supported the averments made in the petition and the affidavit of its Managing Director has been filed stating therein that they have no objection to the quashing of the FIR.
5. Keeping in view the fact that the total quantum of the goods which was recovered from the petitioner was valued around ?1,500 to ?^2,000/- and the fact that, the trial has been pending for the last 10 years, I feel that no useful purpose would be served by keeping the aforesaid FIR and the consequent charge sheet pending in the Cour^more so when the respondent no. 2 has stated that they have settled the matter with the petitioner. Accordingly, the aforesaid FIR No. 316/1999 under Section 63 Copyright Act and under Section 78 and 79 of Trade Marl^Act registered by P.S. Sadar Bazar, Delhi and the consequent charge (Ssheet which is pending in the Court of learned ACMM, Tis Hazari Courts, Delhi are quashed. Accordingly, the petition stands disposed of.
6. A copy of this order to sent to the learned ACMM, Tis Hazari Courts, Delhi. V.K. SHALI,J AUGUST 10, 2011 KP