Hanmant @Appa Maroti Hatnure And ANR v. State Of Maharashtra And ANR
ssm 1 15-wp327.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 327 OF 2024 1) Hanmant @ Appa Maroti Hatnure, Age 33 years, Occu. Teacher and Author, Address : s/o. Maroti Potanna Hatnure, Opp. Swastha Dhanya Shop, Rajapur Karkheli, Rajapur, Nanded, Dharmabad-431809.
2) Sainath Prabhakar Dahale, Age 33 years, Occu. Service, Address : s/o. Prabhakar Dahale, Shahane Jewellers, Datta Nagar, Nanded-431602.
.....Petitioners Vs.
1) The State Of Maharashtra Through its Police Inspector, Police Station - Vishrambaug, Tal. Haveli Dist. Pune.
(Copy served on the office of Public Prosecutor, The Hon'ble High Court of Judicature of Bombay) 2) Surajkumar Sudhakar Patil Marphale, Age 29, Occu-Service, Address: Flat No.102, Anandkrupa Society, Near Global Hospital, Dattwadi, Pune Pimpri Chinchwad, Dist. Pune.
.....Respondents 1/4
ssm 2 15-wp327.2024.doc _____________________________________ Mr. Abhijeet A. Desai a/w Mr. Vijay Singh, Adv. Digvijay S. Kachare, Adv. Mohini Rehpade, Adv. Daksha Punghera, Adv. Karn Gajra and Adv. Sanchita Sontakke i/by Desai Legal LLP for the Petitioners. Smt. Prajakta P. Shinde APP, for the Respondent-State. Mr. Amar Bodke i/by Adv. H.V. Thorat for the Respondent No.2. _____________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.
DATE : 3rd JULY, 2025.
JUDGMENT (Per A.S. Gadkari, J.):- 1) Petitioners, accused in C.R. No.06 of 2024 dated 18th January, 2024, registered with Vishrambaug Police Station, District Pune City for the offences punishable under Sections 51,57 and 63 of the Copyright Act, 1957, have preferred this Petition under Article 226 of the Constitution of India for quashing of the present crime with the consent of Respondent No.2, the informant.
2) Mr. Desai, learned counsel appearing for the Petitioners submitted that, the Respondent No.2 was a teacher and the Petitioners were his students. That, the alleged act of infringement of copy right was in fact inadvertently committed by the Petitioners without taking into consideration the relevant provisions of law. He submitted that, now the parties herein have settled their disputes amicably and executed Consent Terms dated 3rd July, 2025. He therefore prayed that, present crime may be quashed with consent of Respondent No.2.
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ssm 3 15-wp327.2024.doc 3) Learned counsel for the Respondent No.2 tendered across the bar his Affidavit dated 3rd July, 2025. The fact of execution of Consent Terms is admitted in paragraph No.5 thereof. In paragraph 4 of the said Affidavit, the Respondent No.2 has given his no objection for quashing of the said crime.
3.1) Respondent No.2 is personally present in Court and through his Advocate reiterates the contents of his Affidavit dated 3rd July, 2025 and his 'No Objection' for quashing of crime in-question. 4) In view of the above, we are inclined to quash C.R. No.06 of 2024, dated 18th January, 2024, registered with Vishrambaug Police Station, District Pune City for the offences punishable under Sections 51,57 and 63 of the Copyright Act, 1957.
5) As we expressed our opinion for quashing of said crime, learned Advocate for the Petitioners on instructions submitted that, the Petitioners will pay a cost of Rs.25,000/- jointly or severally to the Bar Council of Maharashtra and Goa's Advocate Academy and Research Center, within a period of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay. The said statement is accepted as an undertaking given to this Court. 6) We therefore direct the Petitioners to pay a cost of Rs.25,000/-, jointly or severally, to Bar Council of Maharashtra and Goa's Advocate Academy and Research Center within a period of two weeks from the date 3/4
ssm 4 15-wp327.2024.doc of uploading of the present Order on the official website of the High Court of Bombay.
6.1) Details of the bank Account for payment of cost are as under:- Account Name :- BCMG'S Advocate Academy & Research Center Account Number :- 000120110001327 Bank Name :- Bank of India Branch Name :- Mumbai Main IFSC Code :- BKID0000001 Type of Account :- Current A/c 6.2) Petitioners to pay the said cost of Rs.25,000/- jointly or severally, within stipulated period as noted above and submit its receipt in the Registry of this Court.
7) In view of above and subject to payment of cost, Petition is allowed in terms of prayer clause (B).
8) It is made clear that, if the cost is not paid within stipulated period as mentioned above, Petition shall stand revived automatically and in that event, the Investigating Officer shall complete the investigation of the present crime expeditiously.
9) List the Petition on board on 28th July, 2025, under the caption 'For Reporting Compliance' of present Order.
(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2025.07.18 18:09:55 +0530 4/4 SANJIV SHARNAPPA MASHALKAR