By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (the Code) the applicant has prayed for quashing and setting aside the F.I.R. being C.R. No.II-130 of 2012 registered with Aslali Police Station, Ahmedabad (Rural) for the offences under Sections 63 and 64 of the Copyright Act, 1957 (the Act).
It is inter alia alleged in the aforesaid F.I.R. so registered on 18.07.2012 that the applicant is also dealing in the business of manufacturing and marketing of snacks and eatables. It is mainly the allegation against the applicant that the applicant while dealing in the said business has adopted the artistic work which is similar to the artistic work of respondent No.2-original complainant under the trade name Bablu, Tarzan, Noodles. It also bornes out from the record of the application that the original complainant is dealing in the said business in the name and style of Isha Snacks Private Limited at Ahmedabad.
Heard Mr.Premal S. Rachh, learned advocate for the applicant, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for the respondent-State and Mr.Manan A. Shah, learned advocate for respondent No.2-original complainant.
Mr.Premal S. Rachh, learned advocate for the applicant, has submitted that the alleged offence under Sections 63 and 64 of the Act is predominantly of a civil nature and the applicant as well as the original complainant have amicably settled the matter and, therefore, any further proceedings in connection with the impugned F.I.R. would cause harassment to the parties. Attention was drawn of this Court to the agreement dated 27.11.2012 (at Annexure-B to the application). It is further submitted that the applicant undertakes before this Court that he shall adhere to the terms of the aforesaid agreement dated 27.11.2012. Applicant-Shoyab Bijani is personally present in the court, who is identified by the learned advocate for the applicant.
Mr.Premal S. Rachh, learned advocate for the applicant, has further submitted that in view of the aforesaid facts any further proceedings in relation to the impugned F.I.R. would be futile and would amount to abuse of the process of the Court as the parties have amicably settled the dispute.
Mr.Manan A. Shah, learned advocate for respondent No.2-original complainant, reiterates the contentions raised by the learned advocate for the applicant and further submits that the original complainant has no grievance left against the applicant and the dispute, which was of a civil nature, has been amicably settled between the parties and, therefore, submits that this Court in the facts and circumstances of the case may be pleased to exercise its inherent powers under Section 482 of the Code and allow the present application by quashing and setting aside the impugned F.I.R. as the same would harassment to the parties. It is further submitted that in view of the aforesaid settlement the parties have already acted upon it and are also in the process of acting so far as the conditions of the said agreement. It is further submitted that no useful purpose will be served by continuing the process of the impugned F.I.R. any further.
Mr.Manan A. Shah, learned advocate for respondent No.2-original complainant, identifies the original complainant i.e. respondent No.2-Amirali Vajirali Panjwani, who is personally present in the Court and on enquiry the original complainant reiterates what has been stated in the affidavit and in unequivocal terms states that the parties have amicably settled the dispute.
In view of the above, the learned advocates appearing on behalf of the respective parties have relied upon the decisions of the Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab reported in 2008 (4) SCC 582;
in the case of Nikhil Merchant Vs. Central Bureau of Investigation and Anr reported in 2009(1) GLH 31 as well as in the case of Manoj Sharma Vs. State and Ors reported in 2009 (1) GLH 190 and have requested to quash and set aside the impugned criminal proceedings by exercising powers under Section 482 of the Code.
Having heard the learned advocates appearing on behalf of the respective parties and considering the facts stated hereinabove and as the parties have amicably settled the dispute and consent terms have been arrived at between the parties and the dispute seems to be private in nature and considering the aforesaid decisions of the Supreme Court, it appears to the Court that the impugned proceedings against the applicant be quashed and set aside in exercise of powers under Section 482 of the Code of Criminal Procedure as continuing the criminal proceedings against the applicant will be unnecessary harassment to the applicant and the same shall not be in the interest of parties.
For the reasons stated hereinabove, the present application is allowed. Impugned F.I.R. being C.R. No.II-130 of 2012 registered with Aslali Police Station, Ahmedabad (Rural) is hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct service is permitted.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Page 5 of 5