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