Scan Systems Corporation v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 826 OF 2025 LAXMI SUBHASH SONTAKKE Scan Systems Corporation .. Petitioner LAXMI SUBHASH SONTAKKE Date: 2025.08.02 11:24:28 +0530

Versus

State of Maharashtra & Anr.

.. Respondents Mr. Ashok Mundargi, Senior Advocate a/w Apoorva K., Siddhika Dwivedi i/b. SSB Legal and Advisory for the Petitioner. Mr. Kunal Katariya a/w Mr. Tushar Ajinkya, Sukanya Sehgal, Nishith Sharma, Misha Matlani & Bhavi Shah i/b. ThinkLaw Advocates for the Respondent No.2.

Mr. S. V. Gavand, Addl.P.P. for the State.

Mr. Sushil D. Cyber Police Station, Pune City. CORAM: RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

DATE:

JULY 31, 2025 P. C.

1.

The Petitioner-Original Complainant in the FIR NO. 0823/2024 registered on 11th December, 2024 with the Pune City, Cyber Police Station, has put forth prayer clause (a), which reads as under: 1/3

"a) That this Hon'ble Court be pleased to issue appropriate writ, order or direction calling for records and proceedings in CR No. 0823 of 2024 and after satisfying itself about illegality and impropriety in filing and registration of the Impugned FIR by Pune City, Cyber Cell Police Station u/s 318(4) and 319(2) of Bhartiya Nyaya Sanhita, 2023 and Section 66(D) and 66(C) of the Information Technology Act, 2000, 419, 420 r/w 34 of IPC, be pleased to quash and set aside the Impugned FIR;"

2.

It is conveyed by the learned Senior Advocate for the Petitioner that the quashing of the FIR is now, sought by consent considering the changed circumstances. The Petitioner cites an order dated 8th January, 2025 passed by the learned Single Judge of this Court in Commercial Arbitration Petition (L) No. 480 of 2025 and Commercial Arbitration Petition (L) No. 37371 of 2024. The said order is placed on record at page Nos. 26 to 30. 3.

The learned Advocate for Respondent No.2 submits that the statement made by the Petitioner is correct. The FIR is to be quashed by consent. The affidavit consenting for quashing of the FIR, in addition to the statement recorded by the learned Single Judge in its order dated 8th January, 2025, would be filed within 7 days in this Court and an original copy of the affidavit would be tendered to the Police Station within the same timeline. 2/3

4.

In view of the above, this Petition is partly allowed in terms of prayer clause (a).

5.

The above stated affidavit shall be filed within the timeline as is recorded above.

6.

Both the parties who have agreed to the terms that were recorded in the order dated 8th January, 2025 before the learned Single Judge (supra), assure that none would resile from the said terms and each of them would discharge it's obligations cast on it by the said order. [ GAUTAM A. ANKHAD, J.] [RAVINDRA V. GHUGE, J.] 3/3