[CASE NUMBER] (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH [CASE NUMBER] (O&M) Date of decision : 17.09.2012 [ENTITY] and another Petitioners versus [ENTITY] and another Respondents CORAM: HON'BLE MS. JUSTICE [ENTITY] Present: Mr [ENTITY], Advocate for the petitioners Mr. [ENTITY], Advocate for U.T. Chandigarh [ENTITY] , J. (Oral)
Quashing of FIR No. 93 dated 23.05.2003 under [SECTION] of [ACT], U/[SECTION] of [ACT] and Section [SECTION] [ACT] , registered at Police Station Sector 31, Chandigarh is sought on the basis of compromise dated 16.11.2011 (Annexure P2).
F.I.R has been registered at the instance of respondent No. 2. As per F.I.R, the respondent No. 2 is a manufacturer of STD Machine (operatus) and running the business at Police N. G-4, Phase-VII Mohali. He had the trade mark registration of the STD Machine with the name KAYTECH KTS-2000. He came to know that at Plot No. 26/5 Industrial Area (Ram Darbar) Chandigarh the STD Machine and Electric Invertors which respondent No. 2 is manufacturing are being duplicated fraudulently and manufactured and the same are being sold to public at lower price by [ENTITY] and [ENTITY]. In the above background, F.I.R was registered against the petitioners.
After presentation of the challan, when the matter was at the stage of prosecution evidence, the parties have resolved the matter amicably, vide compromise deed dated 16.11.2011 (Annexure P2).
In compliance of order dated 12.07.2012, the parties got recorded their statements. Report of Sub Divn. Judicial Magistrate Ist Class, Chandigarh has been received in this regard. As per report, statement of the parties have been recorded on 30.08.2012 in which they have stated that they have compromised the matter and the complainant has now no objection if the F.I.R be quashed against the petitioners. The parties also placed on record the original compromise as well as authority letter of the complainant wherein he has been authorised to effect compromise in the present case on behalf of the aggrieved company namely Kay Technical Services. The statements are with their free will and without any threat. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine.
Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of [PRECEDENT], the law laid down by the Full Bench of this Court in the case of [PRECEDENT], no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 93 dated 23.05.2003 under [SECTION] of [ACT], U/[SECTION] of [ACT] and Section [SECTION] [ACT] , registered at Police Station Sector 31, Chandigarh is quashed with all consequential proceedings arising therefrom qua petitioners.
The petition stands disposed of.
17.09.2012 ([ENTITY]) [ENTITY] JUDGE