Petition seeking quashing of a trademark counterfeit FIR after parties settled through mediation; State and complainant raised no objection; court quashed the FIR and all consequential proceedings citing Gian Singh.
FIR No.0475/2018 (Sections 103/104 Trade Marks Act, 1999, PS Karol Bagh) and all consequential proceedings quashed.
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$~53
Through: Mr Pawan Sharma, Advocate.
versus
STATE GOVT OF NCT OF DELHI ..... Respondent
Through: Mr Raj Kumar, APP for the State with SI Ravindra Kumar, DIU, Central District.
CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R % 12.01.2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 11:40:57
“58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 11:40:57
criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor.”
VIKAS MAHAJAN, J
JANUARY 12, 2024 MK
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 11:40:57
1 issue framed by the court
Should FIR No.0475/2018 under Sections 103/104 Trade Marks Act be quashed given the settlement between the parties?
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on
(2012) 10 SCC 303: (SCC p. 340, para 58) · Who else cites this
2 provisions across 2 enactments
Suresh Kakkar
State Govt of NCT of Delhi
M/s Eicher Motors Limited
Vikas Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
