Hari Bhoomi Communications Pvt Ltd v. The State Of Maharashtra
Digitally signed by RUPALI RAJESH WAKODIKAR Date:
2025.11.07 16:38:07 +0530 RUPALI RAJESH WAKODIKAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1145 OF 2025 1.
Hari Bhoomi Communications Pvt.Ltd.
Having registered office at 129, Transport Centre, Rohtak Road, Punjabi Bagh, Keshav Puram, North West Delhi, Delhi - 110 035;
2.
Rudra Sen Sindhu, having address at 129, Transport Centre, Rohtak Road, Punjabi Bagh, Delhi - 110 035;
3.
Satyapal Sindhu, having address at 129, Transport Centre, Rohtak Road, Punjabi Bagh, Delhi - 110 035;
4.
Himanshu Dwivedi, Son of Kirti Narayan Dwivedi, Age - 52 years, residing at 409/5, 410/6, gur Shukh Villa, VIP Road, Airport Road, Purena, Raipur, Chhattisgarh - 492006.
...Applicants
Versus
1.
The State of Maharashtra (Through MIDC Police Station, Andheri (East), Mumbai).
2.
Shemaroo Entertainment Limited Having registered office at Shemaroo House, Plot No.18, Marol Co-op.
Industrial Estate, Off. Andheri-Kurla Road, Andheri (East), Mumbai 400 059
...Respondents
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Mr. Akash Shah for the Applicants.
Mr. V.B.Konde Deshmukh, Addl.P.P for the Respondent-State. Mr. Kaivalya Shetye i/b Mr. Pradip Jaiswal for the Respondent No.2. Mr. Sachin Tambe, PSI attached to MIDC Police Station, Mumbai, present.
CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.
DATE : 3 rd NOVEMBER, 2025 ORAL JUDGMENT (Per Revati Mohite Dere, J):
1.
Heard learned Counsel for the parties.
2.
Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. 3.
By this application preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Corresponding Section 482 of the Criminal Procedure Code, 1973), the applicants seek quashing of the FIR registered vide C.R.No.11 of 2021 with the 2/6
MIDC Police Station, Andheri (East), Mumbai, for the offences punishable under Sections 63, 65 and 69 of the Copyright Act, 1957. 4.
Learned Counsel for the applicants states that the applicants and the respondent No.2 - Shemaroo Entertainment Limited (Original Complainant) have amicable settled their dispute and have filed Consent Terms in Commercial IP Suit No. 92 of 2021. Learned Counsel has annexed at 'Exhibit-C' on page 28, the Consent Terms entered into between the respondent No.2 - Shemaroo Entertainment Limited and the applicants in Commercial IP Suit No. 92 of 2021. It appears that pursuant to the Consent Terms entered into between the respondent No.2 and the applicants, this Court (Coram : Sharmila U. Deshmukh, J) vide order dated 4th August, 2025, accepted the Consent Terms entered into between the parties and decreed the suit in terms of prayer clause (a) of the plaint filed by the respondent No.2 - Shemaroo Entertainment Ltd. and directed that decree be drawn up accordingly.
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5.
Learned Counsel for the respondent No.2 has tendered a Consent Affidavit of the respondent No.2. The same is taken on record. To the said affidavit, is annexed the authorization given by the respondent No.2 - Shemaroo Entertainment Ltd. to Shri Vinayak Dharmaji Jadhav to file the said Consent Affidavit in the aforesaid application. The said Consent Affidavit is taken on record. 6.
Mr. Vinayak Jadhav, authorized representative of the respondent No.2 is personally present in Court. A copy of his Aadhar Card is taken on record. The investigating officer present in Court, has also identified Mr. Jadhav. When questioned, he states that the matter is amicably settled between the parties. As noted above, the respondent No.2 had filed a Commercial IP Suit No. 92 of 2021 in this Court. It is not in dispute that the said suit was decreed in terms of prayer clause (a) of the plaint filed by the respondent No.2, in view of the Consent Terms entered into between the parties. 7.
Mr. Vijayak Jadhav, the authorized representative of the 4/6
respondent No.2 has no objection to the quashing of the aforesaid FIR.
8.
Mr. Konde Deshmukh, learned Addl.P.P informs us that till date, chargesheet has not been filed in this case. 9.
Considering the amicable settlement between the parties, the application is allowed and C.R. No. 11 of 2021, registered with the MIDC Police Station, Andheri (East), Mumbai, for the offences punishable under Sections 63, 65 and 69 of the Copyright Act, 1957 is quashed and set aside.
10.
The applicants as well as the respondent No.2, to deposit costs of Rs.50,000/- each with the Mumbai Police Welfare Fund, bearing Account No. 465010100008693, IFSC No. UTIB0000465 within a period of two weeks from today.
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11.
Rule is made absolute in the aforesaid terms. Petition is accordingly disposed of.
12.
Petition to be listed on 24th November, 2025, under the caption 'For Recording Compliance'.
SANDESH D. PATIL, J.
REVATI MOHITE DERE, J.
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