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2001 DAILYLAW 953 (DEL)

SIYARAM SILK MILLS LIMITED v. STATE OF DELHI

2001-04-12

S K Agarwal

body2001
S. K. Agarwal ( 1 ) THIS is a petition under Section 482,criminal Procedure Code. for quashing of Criminal Com- plaint No. 917/99 titled Siya Ram Silk mills Limited v. Unknown Persons, under Sec- tions 78 and 79 of the Trade and Merchandise Marks Act read with Section 63 of the copyright Act and Sections 420/485/486,indian Penal Code. It is alleged that the petitioner No. ] tiled a complaint under the above sections on the basis of which search warrants is- sued by the Metropolitan Magistrate. Search was carried out and some suit lengths were recovered from petitioner No. 2. Police Station registered DD No. L5-A dated 18/08/1999 at Police Station, Chandni Chowk and filed the challan. Trial Court took cognizance. It is argued that dispute between petitioner No. 1 and petitioner No. 2 have been completely and fully settled. In terms of the compromise Govind Ram, petitioner No. 2 has given an undertaking that they will not deal with duplicate Siya ram Fabrics and would help the petitioner No. 1 to trace the source. Petition is duly supported by affidavits of the parties who are present in Court and duly identified by the Counsel for the petitioner. ( 2 ) IN view of the above no useful purpose would be served by permitting the above complaint and proceedings to continue. Accordingly, the petition is allowed. The above noted FIR and the proceedings emanating therefrom are quashed, subject to the payment of Rs. 10,000. 00 as costs to the legal Aid and Advice Board, Patiala house. Petition stands disposed of.