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2026 DAILYLAW 11114 (ALL)

PRATEEK JAIN AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/4062/2025 · 2026-09-28

Mayur Jain Jt Registrar J Listing, Tarun Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 4062 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The instant writ petition has been filed by the petitioners with the following main prayers :- "(i) Issue a writ, order or direction in the nature of Certiorari calling for the records and quashing the impugned First Information Report dated 11.01.2025 (Annexure No. 1) in Case Crime No. 0018 of 2025 Under Section 103, 104, of Trade Mark Act, 1999 and Sections 318(4), 3(5) of B.N.S., 2023 Police Station Sahibabad, District Trans Hindon (Commissionerate Ghaziabad). (ii) Issue a writ, order or direction in the nature of Mandamus to the Respondent No. 2 & 3 to release the goods of the petitioners with immediate effect and open the seal of the warehouse of the petitioners in which the seized goods are existing." 2. Learned counsel appearing on behalf of the parties have jointly submitted that the parties concerned have settled their disputes amicably and in compliance of the order dated 11.08.2026, the said compromise deed has been produced before the Chief Judicial Magistrate, Ghaziabad and the same has also been verified in presence of the parties. It is further submitted that the parties concerned shall abide by all the terms and conditions Versus Counsel for Petitioner(s) : Arvind Srivastava Iii, Pratik Kumar Counsel for Respondent(s) : G.A., Ramji Singh Patel Prateek Jain And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) mentioned in the said compromise deed. Learned counsel for the parties further submits that since all the disputes between the parties concerned have already been settled and the compromise deed has also been verified by the concerned Magistrate, the impugned First Information Report dated 11.01.2025 against the petitioners deserves to be quashed. 3. Learned Additional Government Advocate appearing on behalf of the State-respondents has not disputed the facts of compromise as stated by learned counsel for the parties. 4. Heard Mr. Pratik Kumar, learned counsel appearing on behalf of the petitioners, Mr. Birendra Kumar, learned Advocate holding brief of Mr. Ramji Singh Patel, learned counsel appearing on behalf of respondent no. 4 and Mr. S.N. Tiwari, learned A.G.A. appearing on behalf of the State-respondents. 5. We have perused the verification report dated 27.08.2026 sent by Chief Judicial Magistrate, Ghaziabad. 6. Taking into consideration the submissions made by learned counsel appearing on behalf of the petitioners, learned A.G.A. appearing on behalf of the State-respondents, learned counsel appearing on behalf of respondent no. 4, the verification report dated 27.08.2026 sent by Chief Judicial Magistrate, Ghaziabad and the statement made by the parties concerned that they shall abide by all the terms and conditions of the said compromise deed, we have satisfied that no purpose would be served to put the petitioners on trial. 7. In view of the above-said facts as well as law laid down by the Apex Court in the judgment of Gian Singh Vs. State of Punjab & Another (2012) 10 SCC 303, we are inclined to allow this writ CRLP No. 4062 of 2025 2 petition. 8. Accordingly, the present writ petition is allowed. 9. The impugned F.I.R. dated 11.01.2025 in connection with Case Crime No. 0018 of 2025, under Sections 103, 104, of Trade Mark Act, 1999 and Sections 318(4), 3(5) of B.N.S., 2023 Police Station Sahibabad, District Trans Hindon (Commissionerate Ghaziabad) along with all consequential proceedings, are hereby quashed. September 29, 2026 Saurabh CRLP No. 4062 of 2025 3 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad