AJAY KHANNA Vs. LUCAS T V S

JUDGEMENT

(1.) THIS petition is filed under Section 482 of the code of Criminal Procedure, 1973 seeking quashing of complaint vide DD No. 35-B under Sections 78/79 of the Trade and Merchandise Marks Act registered at PS Kashmiri Gate, Delhi and the proceedings arising therefrom.

(2.) THE matter essentially related to infringement of trade mark for which respondent/complainant had even filed a suit. This suit has since been decreed and decree of permanent in junction has been passed against the petitioner. THE petitioners have settled the matter with the respondent as per which they have agreed not to use the trade mark 'LUCAS', Device of Lucas and the word LION and packing material similar to packing material of the complainant. In view of these agreements and the aforesaid disputes and as the petitioners have already suffered decree, I am of the opinion that no useful purpose would be served in continuing with the aforesaid complaint. Counsel for the State has no objection if the said complaint is quashed. Accordingly, complaint against the petitioners vide DD No. 35- B under Sections 78/79 of the Trade and Merchandise Marks Act registered at PS Kashmiri Gate, Delhi and the proceedings arising therefrom are hereby quashed. THE petition is disposed of.