Court Declines to Quash FIR, Emphasizes Importance of Investigation in Intellectual Property Infringement Cases under Copyright and Trademark Acts
In a significant ruling dated August 17, 2026, the Jaipur Bench of the Rajasthan High Court dismissed a petition seeking to quash a First Information Report (FIR) related to allegations of copyright and trademark infringement involving the popular "Dandi Salt" mark. The petitioner, Sanjay Bhatt, had approached the Court under Section 482 of the Criminal Procedure Code (Cr.P.C.) to quash FIR No. 229/2012 registered at Chomu Police Station, Jaipur. The FIR was lodged for offences under Section 420 of the Indian Penal Code (IPC), Sections 63, 63A, and 64 of the Copyright Act, 1957, and Sections 103 and 104 of the Trademarks Act, 1999.
The petitioner contended that the criminal case was based on false and fabricated facts intended to settle personal scores. He argued that the dispute was purely civil in nature and that the complainant did not have a registered trademark or copyright in "Dandi Salt" or "Dandi Namak." Citing prior adverse decisions against the complainant in civil and intellectual property forums, the petitioner asserted that registration of a trademark or copyright is a prerequisite to initiate criminal proceedings and thus the FIR constituted an abuse of process of law.
However, the Court rejected these submissions after a detailed examination of the facts and relevant legal principles. It noted that registration of copyright is not mandatory to claim protection under the Copyright Act, as copyright protection arises automatically upon creation of the original work. Similarly, trademark rights can arise from use and not solely from registration. The Court referred to several precedents, including the landmark decision in State of Haryana v. Bhajan Lal (1992), which lays down the principles for quashing FIRs under Section 482 Cr.P.C.
The Court highlighted that criminal cases involving intellectual property infringement are actionable under both civil and criminal law, and the mere existence of disputed factual questions does not warrant quashing of FIRs. It emphasized that the quashing power must be exercised sparingly and only in exceptional circumstances, such as where allegations do not prima facie disclose any offence or the proceedings are maliciously instituted.
Importantly, the Court noted that the police investigation in the instant case was complete and a charge sheet had been filed against the petitioner and other accused persons, further strengthening the case for continuation of criminal proceedings. The Court also observed that the petitioner failed to demonstrate any mala fide intention behind the FIR or that the case fell within any of the illustrative categories warranting quashing under Bhajan Lal.
The judgment underscores the judiciary's cautious approach in interfering with ongoing investigations, especially in complex intellectual property disputes where determination of ownership and infringement requires detailed evidence and trial. The ruling affirms that criminal remedies under the Copyright and Trademarks Acts are critical enforcement tools and cannot be easily circumvented through petitions seeking quashing of FIRs on disputed factual grounds.
This decision will be closely watched by stakeholders in the intellectual property domain, as it clarifies that disputes over trademark and copyright ownership and infringement are not limited to civil adjudication but may legitimately invite criminal prosecution when warranted.
Bottom Line:
The dispute relating to copyright and trademark infringement involves questions of both civil and criminal nature under the Copyright Act, 1957, and the Trademarks Act, 1999, and criminal proceedings cannot be quashed under Section 482 Cr.P.C. without satisfying the principles laid down in Bhajan Lal's case.
Statutory provision(s):
Section 482 Cr.P.C., Section 420 IPC, Sections 63, 63A, 64 Copyright Act, 1957, Sections 103, 104 Trademarks Act, 1999
Sanjay Bhatt v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2974702
