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Mr Jatin Nagpal vs State Of Nct Of Delhi & Anr on 23 May, 2022

Author: Asha Menon

Bench: Asha Menon

                          $~24
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CRL.M.C. 2390/2022, CRL.M.A. 10080/2022 (for stay)
                               MR JATIN NAGPAL                              ..... Petitioner
                                                      Through:      Mr. S.K. Verma, Mr. Hemant Gulathi,
                                                                    Mr. A. Mishra & Mr. Nidhish Gupta,
                                                                    Advocates.
                                                      versus
                              STATE OF NCT OF DELHI & ANR.                 ..... Respondents
                                               Through: Ms. Meenakshi Dahiya, APP for State
                                                           Advocate for R-2 (appearance not
                                                           given).
                              CORAM:
                              HON'BLE MS. JUSTICE ASHA MENON
                                               ORDER

% 23.05.2022 CRL.M.A. 10081/2022 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.M.C. 2390/2022 & CRL.M.A. 10080/2022 (for stay)

3. This petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.609/2015, under Section 63 of the Copyright Act, 1957 and Section 104 of Trademark Act, 1999, registered with Police Station Kotwali (North), Delhi.

4. Learned counsel for the petitioner, as also the learned counsel for the respondent No.2/M/s EIPR (India) Pvt. Ltd., through its authorised representative Sh. Raj Kumar Pandey, submit that the parties have settled the matter amicably and the petitioner has given an undertaking not to use the trademark 'Anchor' for his products. There is also no agency granted to the petitioner by the respondent No.2.

5. Learned counsel for the respondent No.2 has drawn attention of the Court to the authorisation which is placed on the e-file at page 61, granted to Sh. Raj Kumar Pandey to settle the matter and appear before the Court to affirm the same.

6. In view of the submissions made, following the dicta of the Supreme Court in Ramawatar Vs. State of M.P., 2021 SCCOnLine SC 966, the decisions of Coordinate Benches of this Court in Jeetwani & ors. Vs. State of Delhi & ors., 2016 SCCOnLine Del 972 and Kundan & Anr. Vs. State & ors. (order dated 21st February, 2022 in CRL. M.C. 27/2022), as the parties have amicably settled their disputes, this Court exercises its power under Section 482 Cr.P.C. to quash the FIR, considering that the continuation of the criminal proceedings would be an exercise in futility and in the interest of justice, when peace has been restored, the parties should not be subjected to rigours of a fruitless trial.

7. Accordingly, the petition is allowed. The FIR No.609/2015, under Section 63 of the Copyright Act, 1957 and Section 104 of Trademark Act, 1999, registered with Police Station Kotwali (North), Delhi and all proceedings emanating therefrom stand quashed.

8. The petition stands disposed of.

9. The order be uploaded on the website forthwith.

ASHA MENON, J MAY 23, 2022/ck CRL.M.C. 2390/2022 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:23.05.2022 20:02:02