Hari Dutt Pandey vs State & Anr
2012 Latest Caselaw 627 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CRL.M.C. 359/2012

%              Judgment delivered on: 30th January, 2012

HARI DUTT PANDEY                                  ..... Petitioner
                           Through: Mr. Ashish K. Mishra, Adv.

                           versus
STATE & ANR                                       ..... Respondent
                           Through: Mr. Navin Sharma, APP for State/R-1.
                           Mr. Abhishek Singh, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl. M.A. 1249/2012 & Crl. M.A. 1250/2012

Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

+      Crl. M.C. 359/2012

1.     Notice issued.

2. Ld. APP Accepts notice on behalf of the State/R-1.

3. Mr. Abhishek Singh, Adv. accepts notice on behalf of respondent no.

2.

4. Ld. Counsel for petitioner and respondent no. 2 have jointly stated that vide FIR no. 446 dated 14.09.2005, a case under Section 63 of Copy Right Act was registered against the petitioner at Police Station - Karol Bagh on the complaint of respondent no. 2.

5. Ld. Counsels further submitted that respondent no. 2 has settled all the issues qua the aforesaid FIR against the petitioner and he is no more interested to pursue the case further and if the present FIR is quashed, he has no objection.

6. Ld. APP on the other hand submits that under Section 63 of Copy Right Act term of sentence is not less than 6 months, which may be extended to 3 years with fine, which shall not be less than Rs.50,000/- and it may extend up to Rs.2 Lacs.

7. Ld. APP further submits that if this Court is inclined to quash the FIR, heavy cost be imposed on the petitioner.

8. Ld. Counsel for the petitioner has come forward and on instruction from petitioner submits that he is ready to contribute Rs.75,000/- for some welfare purposes.

9. I direct the petitioner to deposit a sum of Rs.75,000/- in favour of Delhi Police Welfare Fund, Police Headquarter, I.P. Estate, Delhi within two weeks from today. Proof of the same shall be placed on record.

10. Keeping in view the facts that matter has already been settled and respondent no. 2 has no objection if the FIR is quashed, in the interest of justice, I quash FIR no. 446/2005 registered at PS-Karol Bagh.

11. Crl. M.C. 359/2012 is allowed on the above terms.

12. Since the main petition is allowed, Crl. M.A. 1248/2012 (Stay) becomes infructuous and disposed of as such.

13. Dasti.

SURESH KAIT, J

JANUARY 30, 2012 jg