Punjab-Haryana High Court
Gagan Deep And Another vs State Of U.T. Chandigarh And Another on 17 September, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-35571 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. M-35571 of 2011 (O&M)
Date of decision : 17.09.2012
Gagan Deep and another ....Petitioners
versus
State of U.T. Chandigarh and another ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr R.C. Chaudhary, Advocate
for the petitioners
Mr. Sarfaraj Hussain, Advocate
for U.T. Chandigarh
****
RITU BAHRI , J. (Oral)
Quashing of FIR No. 93 dated 23.05.2003 under Sections 63/65 of Copy Right Act, U/s 78/79 of Trade Mark Act and Section 420/120-B IPC , registered at Police Station Sector 31, Chandigarh is sought on the basis of compromise dated 16.11.2011 (Annexure P2).
F.I.R has been registered at the instance of respondent No. 2. As per F.I.R, the respondent No. 2 is a manufacturer of STD Machine (operatus) and running the business at Police N. G-4, Phase-VII Mohali. He had the trade mark registration of the STD Machine with the name KAYTECH KTS-2000. He came to know that at Plot No. 26/5 Industrial Area (Ram Darbar) Chandigarh the STD Machine and Electric Invertors which respondent No. 2 is manufacturing are being duplicated fraudulently and manufactured and the same are being sold to public at Crl. Misc. No. M-35571 of 2011 (O&M) -2- lower price by Sanjeev Dhiman and Gagandeep. In the above background, F.I.R was registered against the petitioners.
After presentation of the challan, when the matter was at the stage of prosecution evidence, the parties have resolved the matter amicably, vide compromise deed dated 16.11.2011 (Annexure P2).
In compliance of order dated 12.07.2012, the parties got recorded their statements. Report of Sub Divn. Judicial Magistrate Ist Class, Chandigarh has been received in this regard. As per report, statement of the parties have been recorded on 30.08.2012 in which they have stated that they have compromised the matter and the complainant has now no objection if the F.I.R be quashed against the petitioners. The parties also placed on record the original compromise as well as authority letter of the complainant wherein he has been authorised to effect compromise in the present case on behalf of the aggrieved company namely Kay Technical Services. The statements are with their free will and without any threat. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine.
Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 93 dated 23.05.2003 under Sections 63/65 of Copy Crl. Misc. No. M-35571 of 2011 (O&M) -3- Right Act, U/s 78/79 of Trade Mark Act and Section 420/120-B IPC , registered at Police Station Sector 31, Chandigarh is quashed with all consequential proceedings arising therefrom qua petitioners.
The petition stands disposed of.
17.09.2012 (RITU BAHRI) G.Arora JUDGE