Allowed

Manish Gupta S/O Ramjilal v. State of Rajasthan

Rajasthan HC9 Feb 2021CRLMP/748/2021

Case brief

AI extract

What is this about?

The Rajasthan High Court quashed an FIR registered for offences under the Copyright Act and IPC. The court held that the dispute was private and predominantly civil in nature and had been amicably settled between the parties via a compromise, making it just and proper to quash the proceedings.

What did the court decide?

The FIR No.248/2020 dated 09.08.2020 registered at Police Station Karauli for offences under Section 63 of Copyright Act 1957 and Section 420 IPC is quashed.

Manish Gupta S/O Ramjilal Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 748/2021

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Manish Gupta S/o Ramjilal, Aged About 35 Years, R/o Sabji Mandi, Karauli, Proprietor Ramjilal Gupta Medical Hall, Karauli.

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Vibha Rani W/o Manish Gupta, Aged About 38 Years, R/o Sabji Mandi, Karauli, Proprietor Ramjilal Gupta Medical Hall, Karauli.

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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.

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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.)

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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.)

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----Accussed-Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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Pramesh Kumar Gupta S/o Radhaballabh Gupta, Aged About 40 Years, R/o Ganesh Nagar, Behind Prakash Hotel, Karauli.

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----Complainant-Respondent

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For Petitioner(s)	: Mr. Mukesh Pal Jadoun
For Respondent(s)	: Mr. F.R. Meena, PP
	Mr. Gajveer Singh Rajawat

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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.

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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 .

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Learned Public Prosecutor has opposed the criminal miscellaneous petition.

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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.

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Heard the learned counsels for the parties and perused the record.

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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.

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(3 of 3)

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[CRLMP-748/2021]

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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.

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(MAHENDAR KUMAR GOYAL),J

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PRAGATI/106

Manish Gupta S/O Ramjilal v. State of Rajasthan

Case brief

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Manish Gupta S/O Ramjilal v. State of Rajasthan

Case brief

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