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2025 DAILYLAW 43565 (RAJ)

VIKRAM YADAV v. STATE OF RAJASTHAN

CRLMP/5624/2025 · 2025-10-31

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:43752] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5624/2025 Vikram Yadav, R/o In Front Of Meera Marriage Home, Alwar By- pass Road, Bansur, Kotputli, Behror, (Owner Of Shiv Kanak Trad- ing Company). ----Petitioner Versus 1. State of Rajasthan, through P.P. 2. Sushil Gupta, Owner Of Overseej Comapny, E-66, Indua- trial Area, Yamuna Nagar-135001. ----Respondents For Petitioner(s) : Ms.Megha Sharma For Respondent(s) : Mr.Parth Sharma Mr.Amit Punia, Addl.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 31/10/2025 1. By way of filing this petition, a prayer has been made to quash the FIR No.210/2025 registered with Police Station Bansur, District Kotputli-Behror for the offences punishable under Section 318(4) of BNS, 2023 and Sections 63 & 65 of Copyright Act (Amended), 1957 and Sections 103 & 104 of Trade Mark Act, 1999. 2. Contents of the petition indicate that a compromise application in the form of affidavit was submitted by the complainant before the trial Court, i.e., Additional Chief Judicial Magistrate, Bansur, District Kotputli wherein the complainant has averred that on account of an error, the above F.I.R. was registered and now, he does not want to prosecute the petitioner. [2025:RJ-JP:43752] (2 of 2) [CRLMP-5624/2025] 4. Reliance has been placed upon the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 & State of Madhya Pradesh Vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688 and submitted that the proceedings arising out of the impugned FIR be quashed. 3. In view of the aforesaid compromise arrived at between the parties and applying the principles of law as laid down by the Hon’ble Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and appropriate to invoke the inherent powers of this Court under Section 528 BNSS. 4. Accordingly, the instant criminal misc. petition is allowed. Proceedings arising out of the impugned FIR No.210/2025 registered with the Police Station Bansur, District Kotputli-Behror for the offences punishable under Section 318(4) of BNS, 2023 and Sections 63 & 65 of Copyright Act (Amended), 1957 and Sections 103 & 104 of Trade Marks Act, 1999, against the petitioner stands quashed and set-aside. 5. Stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /296