Himanshu Gupta & Ors v. State & Anr

ORDER l7.lt.zOtl C4. M.A. No. 17951/2011 (ExBEBliqa) Allowed, subject to all just exceptions. W.P. (Crl.) 1573/201L By this petition the Petitioners seeks quashing of FIR No. 330/2011 under Sections 63 of the Copy Right Act,1957 (Amendment Acts, 1984 and 1994) registered at PS Kalkaji, New Delhi on the ground that the parties have settled the matter. The authorized attomey of Respondent No. 2 Shri ts.B. Sharma, is W.P.(CRL) 157s/2011 Page I of 3 present in Courl and is identified by the learned counsel and the Investigating Officer. Copy of the power of attorney of Respondent No. 2 is annexed at pages 33 to 35 of the paper book wherein Shri B.B. Shanna, has been duly authorized by the company to get this FIR quashed. Mr. B.B. Sharma, states that since the matter between the parties have settled in terms of the Undertaking cum Settlernent deed annexed as Annexure-P2 at page 37-38 of the paper book, he does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. N4r. B.B. Sharma, also states that the Respondent No. 2 had given an amount of Rs. 57,0001-for purchasing two laptops, which are lying seized. FIe prays that the said amount be returned to the Respondent No. 2 and the two laptops be returned to the Petitioners. I{e further states that the Respondent No. 2 wlll deposit a surn of Rs. 50,000/- to the Prime Minister's Relief Fund within a period of four weeks. The Petitioners who are present in Court and are identified by their counsel and the investigating Officer state that they will abide by the Undertaking cum Settlement deed dated 14th Novernber, 20II and will jointly deposit a surn of Rs. 50,000/- with the Prime Minister's Relief Fund within a period of four weeks. 'fhe Petitioners fuither states that the seized w.P.(cRL) 1s73/2011 -e amount of Rs. 57,0001-be released to the Respondent No. 2 and the two laptops be returned to the Petitioners. In view of the fact that the parlies have arnicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the sarre would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Consequently, FIR No. 330/2011 under Sections 63 of the Copy Right Act, 1957 (Arnendment Acts, 1984 and 1994) registered at PS Kalkaji, New Delhi and proceedings pursuant thereto are hereby quashed. It is flirther directed that the amount of Rs. 57,0001-be released to the Respondent No. 2 and the two laptops be retumed to the Petitioners by the Investigating Officer Parties have signed this order sheet in acknowledgment of their statements made before this Court. The petition is disposed of. Order dasti. rb NOVEMBER l7.20ll/'vn' w.P.(cRL) 1s73/2011 W'ft-rL -MUKTA GUPTA. J. K.' [^ \\ r flNJ\lP --- \l\.r _.2-\ \\\ ll ,t-<\n \\\\ '' XL1u. trh; Yi /D-i)-lr A--, t \ p/v'D-lr 5q V t s *r,)6J{o>6,j bt.t )J. f ,

87# $- * IN THE HIGH COURT OF DELHI AT NEW DELHI + w.P.(cRL) rs73/20rr HIMANSHTJ GUPTA & ORS. ..... Petitioners Through: N{r. Manish Jain, Advocate with Petitioners in person. VETSUS STATE & ANR. ....Respondents Through: X{r. Saleem Ahmed, Additional Standing Counsel for the State with SI Rajeev Vats, DIU/SE Distt. Mr. Jay K. Bhardwaj and Mr. Amit Upadhaya, Advocates with B.B. Sharma, Constituted Attorney. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA