Punjab-Haryana High Court
Mohit Kumar Sharma vs State Of Punjab And Another on 23 July, 2012
Author: M.M.S.Bedi
Bench: M.M.S.Bedi
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-13400 of 2012
Date of Decision: 23.07.2012
Mohit Kumar Sharma
...Petitioner
Versus
State of Punjab and another
..Respondents.
CORAM: HON'BLE MR. JUSTICE M.M.S.BEDI.
Present : Mr. Eklavya Darshi, Advocate,
for the petitioner
Mr. Anter Singh Brar, Sr. DAG Punjab.
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M.M.S.BEDI J.(Oral)
Petitioner seeks quashing of FIR No. 99 dated 29.04.2011 under Section 63/63-B of Copy Right Act, 1957 (amended Acts 1984 and 1994), Police Station Basti Jodhewal, District Ludhiana registered at the instance of respondent No. 2 - Sumit Grover alleging that he had been using Pirated Software Embroidery in place of original software which was prepared by the Wings CAD India Pvt. Ltd.
The present petition has been filed for quashing of criminal proceedings on the ground that matter has been compromised.
Parties were directed to appear before the Magistrate. Statements of the parties have been recorded on 28.05.2012. A report has been sent through Judicial Magistrate Ist Class, Ludhiana that matter has been amicably settled.
Crl. Misc. No. M-13400 of 2012 [2]
In view of the above circumstances, the proceedings pending against the petitioners can be quashed on the basis of compromise following judgment in Kulwinder Singh and others vs. State of Punjab and another 2007(3) R.C.R. (Crl.) 1052.
Accordingly, the petition is allowed and FIR No. 99 dated 29.04.2011 under Section 63/63-B of Copy Right Act, 1957 (amended Acts 1984 and 1994), Police Station Basti Jodhewal, District Ludhiana and all criminal proceedings emanating therefrom are hereby quashed having been compromised.
Since the precious time of the police and the Courts has been unnecessarily wasted, the petitioners are directed to deposit a total sum of Rs. 10,000/- with the Secretary, Punjab State Legal Services Authority, Sector 22, Chandigarh and another sum of Rs. 10,000/- with the Punjab Police Welfare Funds, Sector 9, Chandigarh within a period of one month. It is made clear that quashing of the FIR is subject to payment of the aforesaid costs.
(M.M.S.BEDI) 23.07.2012 JUDGE reena