MOHANLAL Vs. STATE OF M P

JUDGEMENT

(1.) This is petition filed by the petitioners, who are accused in Cri. Case No. 35113/08 pending in the Court of Judicial Magistrate First Class, Indore instituted on a complaint filed by the respondent No. 2 (Sunil Grover) under Sections 63 and 63-B of the Copyright, 1957 (amended 1994) Act (for short 'the Act'). In fact on the basis of the complaint lodged by the respondent No. 2, an FIR was registered in this case being FIR No. 258/08. On that basis challan was filed by the prosecution, i.e., by the respondent No. 1.

(2.) Charges are also levelled against petitioner on 6-8-2010. Thereafter a compromise was arrived at between the complainant and the petitioners. Petitioners have filed an application under Sections 320 and 320 (2) of the Cr. PC for permission for compromise and to record the compromise arrived at between the parties. However, said application was dismissed by the Court below on the ground that as per Code of Criminal Procedure, offences disclosed were compoundable.

(3.) Petitioners have approached this Court by filing this petition under Section 428, Cr. PC. They have also placed on record an original Memorandum of Understanding, which has been arrived at between the parties for settling their dispute which is taken on record as Exh. C-1.