SANJAY KUMAR BEHERA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure praying that the FIR bearing No. 573/2000 relating to Police Station Sarojini Nagar, under Sections 52A/63/68A of the Copyright Act along with charge sheet dated 2.6.2001, be quashed on the ground that the petitioners, who are the accused in the matter, have settled their disputes with the complainant/respondent No.2, Shri Satish Kapoor. A copy of the settlement agreement dated 30.09.2011 entered into between the parties enumerating, inter alia, that the complainant, Shri Satish Kapoor, has, ?no claim whatsoever against the second party in respect of the matter of controversy ??. It is also stated that the accused/petitioners herein have no claim against Mr. Satish Kapoor.

(2.) IT is pointed out by the learned counsel appearing for the State that Section 63 of the Copyright Act contemplates imprisonment for three years along with fine. IT also envisages a minimum sentence of six months extendable upto three years. IT is also a non-compoundable offence. He has also pointed out that a charge sheet in this matter was filed in June 2001 and the matter has been pending trial for the last 10 years.

(3.) IN this case also, the matter is stated to be posted for the prosecution evidence. Although it is true that in the matter of Sanjay Singh (supra), none of the provisions under which the prosecution was launched contemplated a minimum sentence, however, the ratio of the decision is that the proceedings be quashed not because there is no minimum sentence prescribed under any of the sections in terms of which the prosecution was launched, but because no useful purpose would be served in continuing with criminal proceedings where there is hardly any chance of success of the prosecution once the complainant himself does not wish to support the prosecution.