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Gain Singh vs State Of Punjab And Ors on 15 July, 2019

6. The factual matrix discloses that the 2nd respondent herein has filed a complaint before the 1st respondent police against the petitioners for violation of copyright Act. Based upon the complaint, the 1st respondent police registered FIR in Cr. No. 29/2016 against the petitioners and after thorough investigation, laid the charge sheet in C.C.No.18721/2017 for the offences punishable under Sections 51-A, 63, 68, 68-A 8 of Copyrights Act, 1957. But both the parties have filed their compromise petitions seeking for quashment of the entire criminal proceedings initiated against them for the aforesaid offences. Though there is no specific provisions under the aforesaid Act indicating whether these offences are compoundable or not, but they are considered to be minor offences as they are punishable with imprisonment for a period of less than three years. According to the schedule-II appended to the Cr.P.C., they are bailable and non-cognizable in nature. Therefore, it is relevant to refer the judgment rendered by the Hon'ble Apex Court in the case of Gain Singh Vs. State of Punjab reported in (2012) 10 SCC 303 wherein it is held that, "the matter is purely personal between the parties and does not involve a serious offence and even the alleged infringement having been sorted out between the parties and given the fact that the offences, at best would attract punishment of not more than three 9 years, held that it is fit case to record the compromise and quash the proceedings. "
Punjab-Haryana High Court Cites 0 - Cited by 7 - D Chaudhary - Full Document
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