SHOYAB BIJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application under Section 482 of the Code of Criminal Procedure, 1973 (the Code) the applicant has prayed for quashing and setting aside the F.I.R. being C.R. No.II130 of 2012 registered with Aslali Police Station, Ahmedabad (Rural) for the offences under Sections 63 and 64 of the Copyright Act, 1957 (the Act).

(2.) IT is inter alia alleged in the aforesaid F.I.R. so registered on 18.07.2012 that the applicant is also dealing in the business of manufacturing and marketing of snacks and eatables. It is mainly the allegation against the applicant that the applicant while dealing in the said business has adopted the artistic work which is similar to the artistic work of respondent No.2original complainant under the trade name Bablu, Tarzan, Noodles. It also bornes out from the record of the application that the original complainant is dealing in the said business in the name and style of Isha Snacks Private Limited at Ahmedabad.

(3.) MR .Premal S. Rachh, learned advocate for the applicant, has submitted that the alleged offence under Sections 63 and 64 of the Act is predominantly of a civil nature and the applicant as well as the original complainant have amicably settled the matter and, therefore, any further proceedings in connection with the impugned F.I.R. would cause harassment to the parties. Attention was drawn of this Court to the agreement dated 27.11.2012 (at AnnexureB to the application). It is further submitted that the applicant undertakes before this Court that he shall adhere to the terms of the aforesaid agreement dated 27.11.2012. ApplicantShoyab Bijani is personally present in the court, who is identified by the learned advocate for the applicant. Mr.Premal S. Rachh, learned advocate for the applicant, has further submitted that in view of the aforesaid facts any further proceedings in relation to the impugned F.I.R. would be futile and would amount to abuse of the process of the Court as the parties have amicably settled the dispute.