Gujarat High Court
Kiranbhai Natvarlal Patel vs State Of Gujarat on 7 August, 2025
NEUTRAL CITATION
R/SCR.A/2997/2015 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2997 of 2015
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KIRANBHAI NATVARLAL PATEL & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PR ABICHANDANI(102) for the Applicant(s) No. 1,2,3
NOTICE SERVED BY DS for the Respondent(s) No. 2
MR. CHINTAN DAVE ADDL..PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/08/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as " the Code"), the petitioners have prayed for quashing and setting aside the FIR being II C.R 18 of 2008 lodged with Sanand Police Station so also all the consequential proceedings such as the Criminal case No. 956 of 2009 pending before JMFC, Sanand, all the consequential proceedings arising from the same FIR qua the petitioners herein.
2. Heard learned advocate Mr. P.R Abichandani for the petitioners and learned APP Mr. Chintan Dave for the respondent No.1.
3. Learned advocate Mr. P.R Abichandani appearing for Page 1 of 4 Uploaded by MARY VADAKKAN(HC00204) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:32:51 IST 2025 NEUTRAL CITATION R/SCR.A/2997/2015 ORDER DATED: 07/08/2025 undefined the petitioners has referred to Annexure B, the judgment of the Bombay High Court in Suit No. 386 of 2008 dated 9.7.2013 and has submitted that the parties have amicably settled the dispute between them before the Bombay High Court and thereby it was agreed that the plaintiff i.e complainant shall withdraw the allegations in the FIR being II C.R 18 of 2008 upon which Criminal case No. 956 of 2009 is filed.
3.1 He further submitted that in view of the compromise arrived at between the parties, continuing the proceedings against the petitioners would be sheer abuse of process of law.
4. In view of the above, learned APP submitted to pass necessary order.
5. The private respondent did not remain present and at the outset I may refer to the order passed by the Bombay High Court on its ordinary original Civil Jurisdiction in Suit No. 386 of 2008 dated 9.7.2013 which is as under :
"1. Heard the learned Advocates appearing for the parties and the following order is passed:
(1) Decree on admission in terms of prayer clauses (a),
(b) and (d) of the Plaint in favour of the Plaintiffs and against the 1 Defendant.
(ii) 1 Defendant agrees and undertakes to this Court to Page 2 of 4 Uploaded by MARY VADAKKAN(HC00204) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:32:51 IST 2025 NEUTRAL CITATION R/SCR.A/2997/2015 ORDER DATED: 07/08/2025 undefined withdraw the applications for cancellation of registration of the Plaintiff's registered trade marks bearing Nos.606419, 748262, 749321, 796732.
803788, 1001133, 1013069, if any or other applications for rectifications filed against the Plaintiff's registered trade marks "MISWAK and/or 'MESWAK" as also opposition, if any filed against the Plaintiff's applications for registration of the trade marks "MISWAK" and/or "MESWAK" either in India or anywhere else in the world within a period of 30 days from the date hereof. The 1 Defendant undertakes to produce all receipts /communications acknowledging withdrawal of all the aforesaid applications within letters six weeks hereof. The amount payable under prayer clause (d) shall be paid by Defendant No. 1. Mr. Gautam Bajaj, Director of Defendant No. 1 who is present in Court undertakes on behalf of Defendant No.1 to pay the amount of Rs.5 lakhs payable to the Plaintiff under prayer clause (d) of the plaint within a period of four weeks from the date of this order is accepted.
(iii) The 1 Defendant agrees and undertakes not to use the Plaintiff's registered trade marks "MISWAK" and/or "MESWAK", either by themselves or in combination with any word either in India or anywhere else in the world in relation to any of its products.
(iv) In view of this order, the plaintiff withdraws the allegations which are subject of the FIR i.e C.R Page 3 of 4 Uploaded by MARY VADAKKAN(HC00204) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:32:51 IST 2025 NEUTRAL CITATION R/SCR.A/2997/2015 ORDER DATED: 07/08/2025 undefined No.II 18 of 2008 based on which case No. 956 of 2009 is pending in J.M.F.C. Court, Sanand, Dist. Ahmedabad. Therefore, the Plaintiff is also not desirous of proceeding with Case No.956 of 2009 pending in J.M.F.C. Court, Sanand, District Ahmedabad. In view thereof, a copy of this order shall be produced before the J.M.F.C., Sanand, District - Ahmedabad in Case No.956 of 2009 for passing appropriate orders."
6. In clause (iv) the complainant agreed to withdraw the allegations which is the subject of the FIR being C.R No. II 18 of 2008 upon which Criminal case No. 956 of 2009 is filed.
7. In the aforesaid circumstances, the petition deserves to be allowed and is accordingly allowed. The impugned FIR being II C.R No.18 of 2008 lodged with Sanand Police Station so also all the consequential proceedings such as Criminal case No. 956 of 2009 pending before JMFC, Sanand and all the consequential proceedings arising from the same FIR qua the petitioners herein are quashed and set aside.
(J. C. DOSHI,J) MARY VADAKKAN Page 4 of 4 Uploaded by MARY VADAKKAN(HC00204) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:32:51 IST 2025