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
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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
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R/SCR.A/2997/2015 ORDER DATED: 07/08/2025
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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
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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
