Associated Broadcasting Company Pvt Ltd And ORS v. State Of Maharashtra And ORS

dtg 19 and 20Wp-3989 and 4057-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3989 OF 2024 Associated Broadcasting Company Pvt. Ltd. & Ors. ... Petitioners V/s.

State of Maharashtra & Ors.

... Respondents AND WRIT PETITION NO. 4057 OF 2024 Jagapathi Rao Jupally & Ors.

... Petitioners V/s.

State of Maharashtra & Ors.

... Respondents _______________________________________ Mr. Rahul Gaikwad a/w Ms. Komal Singh, Ms. Aditi Chandwani, Ms. Priya Vaity i/b Gravitas Legal for Petitioners.

Ms. Prajakta P. Shinde, A.P.P. for Respondent-State in WP No. 3989 of 2024. Mr. Ashish I. Satpute, A.P.P. for Respondent-State in WP No. 4057 of 2024. Mr. Pradip Jaiswal for Respondent No.3.

Mr. Mohite, API, N.M. Joshi Marg Police Station, Mumbai, present. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 13th August 2025.

P.C. :

1) By these Petitions under Article 226 of the Constitution of India, the petitioners, accused in C.R. No. 0007 of 2024, dated 3rd January 2024, registered with N.M. Joshi Marg Police Station, Mumbai, punishable under 1/4

dtg 19 and 20Wp-3989 and 4057-2024.doc Sections 418 and 420 read with Section 34 of the Indian Penal Code (IPC) and Sections 63 and 69 of the Copyright Act, are seeking quashing of the said crime with the consent of Respondent No.3, the informant. 2) Mr. Gaikwad, learned counsel appearing for the Petitioners on instructions submitted that, till date the police have not filed charge-sheet in the present case. The said statement is accepted. 3) Mr. Gaikwad, learned counsel appearing for the Petitioners submitted that, Petitioners and Respondent No.3 have settled their disputes and differences in Commercial IP Suit No. 595 of 2017 and have filed Consent Terms dated 30th April 2025 therein. That, in the said Consent Terms, Respondent No.3 has given his no objection for quashing of the crime in question. He therefore prayed that, the said crime may be quashed with the consent of Respondent No.3.

4) Mr. Jaiswal, learned counsel appearing for Respondent No.3 submitted that, Respondent No.3 has already filed on record his Consent Affidavit through Mr. Vinayak Jadhav, Authorized Representative of Respondent No.3, dated 10th May 2025, duly affirmed before a Notary Public. The fact of filing of Consent Terms in the Commercial IP Suit No. 595 of 2017 is stated therein. In Para No. 5 thereof, Respondent No.3 has given his no objection for quashing of the crime in question. 5) In view of the above, we are inclined to quash C.R. No. 0007 of 2024, dated 3rd January 2024, registered with N.M. Joshi Marg Police 2/4

dtg 19 and 20Wp-3989 and 4057-2024.doc Station, Mumbai, punishable under Sections 418 and 420 read with Section 34 of the IPC and Sections 63 and 69 of the Copyright Act 6) As we expressed our opinion for quashing of the said crime, Mr. Gaikwad, learned counsel for the Petitioners on instructions submitted that, for quashing of the said crime, the Petitioners will voluntarily pay a cost of Rs. 50,000/- in each Petition, jointly or severally, to the 'Armed Forces Battle Casualties Welfare Fund' (AFBCWF) within a period of two weeks from the date of uploading of present Order on the official website of the High Court of Bombay. The said statement is accepted as an undertaking given to this Court.

6.1) We therefore direct the Petitioners to pay a cost of Rs.50,000/- in each Petition, jointly or severally, to the 'Armed Forces Battle Casualties Welfare Fund' (AFBCWF) within a period of two weeks from the date of uploading of present Order on the official website of the High Court of Bombay.

6.2) Details of the bank account for payment of cost are as under :- Account Name :- Armed Forces Battle Casualties Welfare Fund (AFBCWF) Account Number :- 90552010165915.

Bank Name :- Canara Bank.

Branch :- South Block, Defence Headquarters, New Delhi - 110 011.

IFSC Code :- CNRB0019055.

3/4

dtg 19 and 20Wp-3989 and 4057-2024.doc 6.3) In view of the above and subject to payment of the said cost within stipulated period as noted above, C.R. No. 0007 of 2024, dated 3rd January 2024, registered with N.M. Joshi Marg Police Station, Mumbai, is hereby quashed.

7) It is made clear that, if the cost is not paid within stipulated period as mentioned above, Petitions shall stand revived automatically and in that event, Investigating Agency will complete the investigation of present crime expeditiously.

8) List the Petitions on board on 24th September 2025, under the caption 'For Reporting Compliance' of present Order. ( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) 4/4