Rajasthan High Court
Manish Gupta S/O Ramjilal vs State Of Rajasthan on 9 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 748/2021
1. Manish Gupta S/o Ramjilal, Aged About 35 Years, R/o
Sabji Mandi, Karauli, Proprietor Ramjilal Gupta Medical
Hall, Karauli.
2. Vibha Rani W/o Manish Gupta, Aged About 38 Years, R/o
Sabji Mandi, Karauli, Proprietor Ramjilal Gupta Medical
Hall, Karauli.
3. Tulsiram Garg S/o Mukatlal Garg, Aged About 61 Years,
R/o Karamchari Colony, Mohan Nagar, Hindaun City,
Proprietor Gopal Medical Agency, Hindaun City, Tehsil
Hindaun City, District Karauli.
4. Abhishek Magal S/o Mohanlal Mangal, Aged About 37
Years, R/o 201, First Floor, Dawa Bajar, Film Colony,
Jaipur. Proprietor Nikunj Pharma, Jaipur (Raj.)
5. Girraj Mangal S/o Bahadurmal Mangal, Aged About 30
Years, R/o 13-14, Indraprasth Colony, Near Nursery
Circle, Vaishali Nagar, Jaipur, Proprietor Vrindavan Catel
Feed, Jaipur (Raj.)
----Accussed-Petitioners
Versus
1. State Of Rajasthan, Through P.P.
----Respondent
2. Pramesh Kumar Gupta S/o Radhaballabh Gupta, Aged
About 40 Years, R/o Ganesh Nagar, Behind Prakash Hotel,
Karauli.
----Complainant-Respondent
For Petitioner(s) : Mr. Mukesh Pal Jadoun
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Gajveer Singh Rajawat
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
09/02/2021
(2 of 3) [CRLMP-748/2021]
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.248/2020 dated
09.08.2020 registered at Police Station Karauli, District Karauli for
offence under Section 63 of Copyright Act (Amended) 1957 and
Section 420 of I.P.C.
Learned counsel for the petitioner submitted that the FIR in
question arises out of private dispute between the parties
predominantly of civil nature. Relying on the compromise dated
16.01.2021, he submitted that since the matter has been
compromised between the parties, the FIR in question is liable to
be quashed in view of the judgments of the Hon'ble Apex Court of
India in cases of Gian Singh versus State of Punjab & Anr.
reported in JT 2012 (9) SC-426 & Narinder Singh & Ors.
versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC)
351.
Learned Public Prosecutor has opposed the criminal
miscellaneous petition.
Learned counsel appearing for the complainant
acknowledging the factum of compromise between the parties,
submitted that he has no objection if the FIR in question is
quashed.
Heard the learned counsels for the parties and perused the
record.
From the material on record, it is apparent that the dispute,
private in nature and predominantly of civil nature, has amicably
been settled between the parties. In view of compromise and the
law laid down by the Hon'ble Apex Court of India in cases of Gian
Singh (supra) & Narinder Singh (supra), this Court deems it
just and proper to quash the FIR in question.
(3 of 3) [CRLMP-748/2021]
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.248/2020 dated 09.08.2020 registered at Police
Station Karauli, District Karauli for offence under Section 63 of
Copyright Act (Amended) 1957 and Section 420 of I.P.C. is
quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/106
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