Vimal Mohan And ANR. v. The State Of Maharashtra And ANR.

pmw 1/2 wp-4683.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4683 OF 2019 Vimal Mohan and Anr.

...Petitioners

Vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Ashish Sawant i/b. Ajay Vatsal for the Petitioners. Ms. Shruti Barma, for the Respondent No.2.

Mr. Deepak Thakre, PP a/w Smt. S.D. Shinde, APP for the Respondent/State.

---- CORAM : B. P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : 2nd DECEMBER 2019.

P.C.:

Petitioner No.1 is present on behalf of petitioners with his Advocate. Respondent No.2 is present with his Advocate. APP for State. Parties are jointly requesting for quashing and setting aside of private complaint and M.E.C.R. No.1 of 2009.

Dispute has arisen because petitioners who happen to be ex-employees of Respondent No.2 allegedly use software of Respondent No.2 for their business purposes and for that purpose formed another firm as business rival for Respondent No.2.

pmw 2/2 wp-4683.19.odt Consent terms are reached between parties and on affidavit sworn by Respondent No.2 that memorandum of understanding has been presented. Memorandum of understanding is signed by Petitioner No.1. and Petitioner No.2 as also by Respondent No.2. We have perused M.E.C.R. We find dispute entirely of private nature. No public interest or public angle arises in it. In this situation, we accept joint request and make Rule absolute in terms of prayer clause (a).

(SMT. SADHANA S. JADHAV, J.) (B. P. DHARMADHIKARI, J.)