Vinod Halkusingh Markam And ANR v. The State Of Maharashtra And ORS

SS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 547 OF 2015

1. Mr. Vinod Halkusingh Markam

2. Mr. Parag Vishvanath Chamaria ....Applicants versus 1.State of Maharashtra 2.Senior Inspector of Turbhe MIDC Police Station, Navi Mumbai 3.Yogesh Sadashiv Jagdale ....Respondents Mr. S. S. Butala i/b. S.S.Butala and Associates, advocates for the applicant.

Mr. K. V. Saste, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 20th JULY, 2015.

P.C.:

The application is filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting-aside FIR bearing C.R.No.II 25/2015 registered with Turbhe MIDC Police Station, Navi Mumbai, at the instance of respondent No.3, for offences punishable under Sections 63B and 64 of the Copy Right Act, 1957. 2.

Pending investigation, the parties have settled their dispute amicably and have approached this Court for quashing and setting-aside the aforesaid C.R.. Respondent No.3 has filed an affidavit dated Shubhada S Kadam 1/3

10th June, 2015. The said affidavit is annexed at page 51 of the application. In paragraph 4, he has given his no objection for quashing aforesaid CR.. Respondent No.3 is personally present before the Court. On being questioned, he specifically stated that whatever has been stated in the affidavit is true and correct and he has no objection for quashing the said FIR.

3.

It can, thus, be seen that the dispute was totally personal in nature, which has now been settled amicably. In these circumstances and especially in view of law laid down by the Apex Court in the case of Narinder Singh and ors. versus State of Punjab and anr. 2014 AIR (SCW) 2065, we find that no purpose would be served by keeping the criminal proceedings pending except burdening the criminal Courts which are already overburdened. In that view of the matter and in the interests of justice, the FIR is required to be quashed. However, at the same time, costs need to be saddled on the parties for using the police and judicial mechanism for settling their personal disputes. 4.

Accordingly, the application is allowed in terms of prayer clause (a) subject to payment of costs of Rs.10000/- by the applicants. The applicants shall deposit the costs with Central Police Welfare Fund, A/C.914010029005759 AXIS Bank, IFS Code-UTI B0000060 and thereafter produce the receipt thereof on the file of this application within Shubhada S Kadam 2/3

a period of two weeks from today, failing which, the criminal application shall stand dismissed automatically without further reference to the Court. 5.

Subject to above, the criminal application stands disposed of. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 3/3