HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 4630/2018

1.

Tulsi Das S/o Shri Chuhad Mal, Aged About 57 Years, By

Caste Sindhi, Resident Of House No. 193-D, Kamla Nehru

Nagar, Jodhpur.

2.

Jai Ram S/o Jai Kishan, Aged About 41 Years, By Caste

Sindhi, R/o House No. 9/346, C.h.b. Jodhpur.

----Petitioners

Versus

State, Through PP

----Respondent

For Petitioner(s)

:

Mr. H.R. Chawla (through VC)

For Respondent(s)

:

Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

01/02/2022

The accused petitioners are facing trial in the Court of Addl.

Civil Judge-cum-Judicial Magistrate (Jr. Division) No.3 Jodhpur for

the offences punishable under Sections 78 & 79 of the Trade and

Merchandise Marks Act, 1958 and Section 63 of the Copyright Act,

1957.

The FIR came to be registered on the basis of a complaint

filed by one Daya Shankar, authorized representative of Siyaram

Silk Mills Ltd and upon completion of investigation, a charge-sheet

was filed against the accused for the offences punishable under

Sections 420 & 511 IPC and under Sections 78 & 79 of the Trade

and Merchandise Marks Act, 1958 and Section 63 of the Copyright

Act,1957. The authorized representative of the complainant

company, filed a compromise on the basis whereof, the

(2 of 2)

[CRLMP-4630/2018]

proceedings of the criminal case (No.99/2004) were dropped for

the offences punishable under Sections 420 & 511 IPC. Now the

petitioners have approached this Court through this petition under

Section 482 Cr.P.C. seeking quashing of criminal proceedings for

the remaining offences.

Having heard and considered the submissions advanced at

bar and after going through the order dated 19.11.2003, it is clear

that the parties have arrived at a compromise and proceedings of

the criminal case have already been compounded for the offence

punishable under Section 420/511 IPC.

In this background, I am of the firm opinion that allowing

continuation of the prosecution for the remaining offences i.e.,

Sections 78 & 79 of the Trade and Merchandise Marks Act, 1958

and Section 63 of the Copyright Act would be nothing short of an

exercise in futility. Thus, the misc. petition deserves acceptance

and is hereby allowed. The proceedings of the criminal case

No.99/2004, pending in the court of Addl. Civil Judge-cum-Judicial

Magistrate (Jr. Division) No.3 Jodhpur for the offences punishable

under Sections 78 & 79 of the Trade and Merchandise Marks Act,

1958 and Section 63 of the Copyright Act, 1957 against the

petitioners are hereby quashed.

The misc. petition is allowed accordingly.

(SANDEEP MEHTA),J

55-Sudhir Asopa/Devesh/-