Naresh Kumar Malhotra v. State (NCT of Delhi) & Ors.

1 ThepetitionerhasfiledthepresentpetitionunderSection482 oI the Code of Criminal Procedure, 1973 for quashing of F No239/2012,under Sections 63763-B of the Copyright Ac, (Amendment Acts 1984 1994).registered atP.S.:BharatNagar, Delhiandtheproceedingsemanatingthereftom.

2 AuthorisationCertificateonbehalfoftherespondentNos.2and 3mfavourofMr.RajeshMishraalreadyfiledonrecord.

3 The petitioner and Authorised Representative of N s2& 3 as well as their respective counsel submitted that the ■rio SettlementDeed dated[7].3.2013. foree or coercion videSettlemeni 2019:DHC:7743 >A--,

4. Mr. Rajesh Mishra, Authorised Representative of respondent Nos.[2] & 3, submitted that he has been authorised vide Authorisation Certificate dated 31.10.2019 to take all the necessary action to get the petition quashed. Mr. Rajesh Mishra also submitted that since the matter stands settled, he and the respondent Nos.[2] and 3 have no objection to the petition being allowed and the FIR being quashed.

5. Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum ofRs.50,000/-for some social beneficial cause in any trust or association.

6. The Investigating Officer (TO'), who is present in Court, has identified the petitioner and Authorised Representative ofrespondent Nos.2& 3,and has also verified the settlement.

7. In view ofthe aforesaid circumstances,the settlement arrived at between the parties and taking into consideration the age and socio economic background ofthe petitioner, I deem it appropriate to give the petitioners a chance to reform and reintegrate into the society as a productive member. The petitioner is wamed to be careful in future and not indulge in such activities again in future. Taking into consideration the remorseful attitude of the petitioner, this Court is also ofthe view that no fruitful puipose would be served in keeping the parties entangled in the criminal proceedings. Accordingly,in the interest ofjustice, FIR No.239/2012, under Sections 63/63-B of the Copyright Act, 1957(Amendment Acts 1984 & 1994),registered at P.S.: Bharat Nagar, Delhi and all the proceedings emanating 1^' within two weeks by the petitioner, out of whieh Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund and Rs.10,000/- in the High Court of Delhi, Middle Income Group, Legal Aid Society, A/c No.15530110135488, UCO Bank, Delhi High Court Branch, Rs.10,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.10,000/- in the Delhi High Court Staff Welfare Fund, SB A/e No.15530110074442 and Rs.10,000/- in the Prime Minister Relief Fund and the receipts ofthe deposits be filed in the Registry within two weeks. Copy ofthe receipts shall also be handed over to the APP through the I.O. within two weeks. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

8. Petition is disposed of in above terms. Pending application is also disposed of. I chandeAsib^har,j NOVEMBER 22,2019/rk p.L.-Mev/'C'f IV * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.224/2018 NARESHKUMARMALHOTRA Petitioner Through None versus STATE(NOTOFDELHI)&ORS....Respondents Through Mr.AmitChadha,APP CORAM: HON'BLE MR.JUSTICE CHANDERSHEKHAR ORDER o/o 02.12.2019 It is pointed out by the Registry that there is a typographical mistake in mentioning the case number which ought to have been Crl.M.C. 224/2018 instead of CrlM.C. 224/2019 in the order dated 22.11.2019. Accordingly, the case number be read as Crl.M.C.224/2018inthe aforesaid order andthenecessary corrections be carried out. CHANI^ERSHEKHAR,J