Reyazuddin Habibullah Shaikh v. State Of Maharashtra And ANR

WAKLE MANOJ JANARDHAN WAKLE MANOJ JANARDHAN Date: 2026.04.24 10:29:50 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO.538 OF 2025 Reyazuddin Habibullah Shaikh ...Applicant V/s.

State of Maharashtra & Anr.

...Respondents

Adv. Maroof M. Khan, for the Applicant.

Ms. Megha S. Bajoria, APP for the Respondent No.1-State. Adv. Sanmit Vaze a/w Adv. Vanshika Shah, for Respondent No.2. Mr. Ashnav Sinha, Authorized Representative, of Respondent No.2. PSI - Yashod, Nagpada Police Station, Mumbai, present. CORAM : SHYAM C. CHANDAK, J.

DATED : 22nd APRIL, 2026 P.C. :- .

Present Application seeking quashing and setting aside of the proceedings arising out of FIR No.0160 of 2025 dated 10.04.2025 registered with Nagpada Police Station, Mumbai under Sections 51 and 63 of The Copyright Act, 1957 on the report filed by Respondent No.2 and the consequent charge-sheet bearing CC No.804/PW/2025 pending before the 69th Court of the learned Metropolitan Magistrate at Mazgaon. 2.

Heard Mr. Khan, the learned counsel appearing for the Applicant, Ms. Bajoria, the learned APP appearing for Respondent No.1-State and Mr. Vaze, the learned counsel appearing for Respondent No.2. 3.

The prosecution case is that, the Applicant has been running a business in the name and styled as "Kish Bags", at 232, J.B., Behram Marg, Belasis Road, Nagpada, Mumbai. On 10.04.2025 the Applicant was found stocking and selling the bags which were copies/duplicate of the bags produced by the famous brand namely "Michael Kors". Therefore, Mr. Ashnav Sinha, Authorized Representative of Respondent No.2 filed a complaint. Consequently, the aforesaid crime came to be registered 1/3

against the Applicant. On completion of investigation the police filed the charge-sheet.

4.

The learned counsel Mr. Khan and Mr. Vaze submitted that after registration of the said crime, the parties arrived at an amicable settlement. As per the terms of the settlement, the Applicant shall pay a sum of Rs.4,60,000/- to Respondent No.2 company, through Mr. Ashnav Sinha and the Respondent No.2 shall give his no-objection to quash and set aside the proceedings arising out of the impugned FIR. 5.

The terms of the settlement are enclosed with the Application. Additionally, Mr. Ashnav Sinha has filed his Affidavit therein it is clearly stated that, in view of the request made by the Applicant, M/s. Michael Kors has settled the matter at Rs.4,60,000/- payable as compensation to M/s. Michael Kors by the Applicant. Therefore, the Respondent No.2, the authorized representative of M/s. Michael Kors has no objection to quash and set-aside the proceedings arising out of the subject matter FIR and the charge-sheet. Mr. Ashnav Sinha, who is present and identified by his learned counsel, has reiterated the contents of the Affidavit. The settlement amount has been paid to Respondent No.2.

6.

In view thereof, the continuation of the proceedings arising out of the subject FIR and the consequent charge-sheet will not serve any purpose. Therefore and having regard to the nature of the offence, I am inclined to allow the Application.

7.

Since, this Court is inclined to allow the Application, the learned counsel for the Applicant, on instructions, made a statement that the Applicant will voluntarily pay a sum of Rs.30,000/- as costs to the State and the costs amount may be given to the Mumbai Police Welfare Fund. Said statement is accepted. Hence, following Order :- i) Application is allowed subject to payment of costs of Rs.30,000/-.

2/3

ii) The proceedings arising out of the impugned FIR No.0160 of 2025 dated 10.04.2025 registered with Nagpada Police Station, Mumbai under Sections 51 and 63 of The Copyright Act, 1957 and the consequent chargesheet bearing CC No.804/PW/2025 pending before the 69th Court of the learned Metropolitan Magistrate at Mazgaon stand quashed and set aside.

iii) The said cost Rs.30,000/- shall be paid to Mumbai Police Welfare Fund within a period of 7 days from the date of uploading of present Order on the official website of High Court of Bombay and the payment receipt(s) shall be submitted in the Registry of this Court.

iv) Details of the bank account for payment of cost are as under:- Account Name :- Mumbai Police Welfare Fund Bank Name :- Axis Bank Account No :- 465010100008693 IFSC Code :- UTIB0000465 8.

If the cost is not paid as directed above, the Petition shall stand revived automatically and in that event, the trial Court will proceed with the hearing of the case expeditiously.

9.

Application stands disposed of.

10.

List the Application on board on 30.04.2026 under the caption 'for recording compliance' of present Order.

(SHYAM C. CHANDAK, J.) 3/3