Masoom Oprakash Bhatia v. State Of Maharashtra And ANR

by ARUNA SANDEEP TALWALKAR Date: 2026.02.23 11:22:46 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 468 OF 2026 Masoom Omprakash Bhatia & anr.

... Petitioners.

V/s.

The State of Maharashtra & Anr.

... Respondents.

--- Mr. Manuj Borkar i/b. Mr. Mayur Mohite, Advocate for Petitioners. Mr. Sukanta Karmakar, APP for Respondent/State. Mr. Adithya Iyer a/w. Mr. Advait Helekar, Veertej Patil, Vijt Shinde, Jayesh Bhosale, Advocate for Respondent No. 2. --- CORAM :

ASHWIN D. BHOBE, J.

DATE :

4th FEBRUARY, 2026.

P.C. :

1.

This Petition under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred by the Petitioners, against FIR bearing No. 510 of 2019 filed by Talegaon Dabhade Police Station, in respect of offences punishable under section 51 and 63 of the Copyright Act, 1957 and the charge-sheet bearing S.C.C. No. 1174 of 2021

pending on the file of C.J.J.D. and J.M.F.C. Vadgaon, Maval. 2.

Petitioners appearing through V.C., are identified by their Advocate Mr. Manuj Borkar, who is present in Court. 3.

Mr. Prakash Khati is present Court. Advocate Mr. Adithya Iyer. identifies him as the Assistant Legal Manager and authorised representative of the Respondent No. 2. Photo identity cards of the Petitioners and Mr. Prakash Khati are taken on record and collectively marked "X colly." for identification. 4.

Mr. Manuj Borkar and Mr. Adithya Iyer submit that the dispute between the Petitioners and the Respondent No. 2 is amicably settled. They submit that the Respondent No. 2 has agreed to give no objection for quashing of the criminal proceedings.

5.

Mr. Adithya Iyer tenders affidavit on behalf of Respondent No. 2 affirmed by Mr. Prakash Khati, Assistant Legal Manager of Respondent No. 2, who is authorized by the Respondent No. 2 vide letter of authorization dated 2nd January,

2026. Prakash Khati has affirmed the Affidavit before Notary M.H. Chowdhary on 13th January, 2026. Said Affidavit dated 13th January, 2026 and letter of authorization dated 2nd January, 2026 are taken on record and marked as "X-1" and "X-2", respectively for identification. Mr. Prakash Khat, states that the affidavit ("X-1") is filed on the instructions issued by the Respondent No. 2. He submits that contents of affidavit ("X-1") are as per his say and based on records of the Respondent No.2. He submits that Respondent No. 2 has resolved to settle the dispute with the Petitioners and as such authorized him to give no objection for quashing of the FIR and the Charge sheet.

6.

Mr. S. Karmakar, learned APP states that the Petitioners and Respondent No. 2 having settled the matter, no purpose would be served in continuing the criminal proceedings, moreso, in view of the statements made by Prakash Khati in the affidavit ("X-1"). He however, insists for imposition of costs.

7.

Mr. Manuj Borkar and Mr. Adithya Iyer on instructions from the Petitioners and the Respondent No. 2 state that

Petitioners and Respondent No. 2 would deposit an amount of Rs. 10,000/- each, as costs.

8.

Considering the above circumstances, the nature of dispute, the amicable settlement between parties, the statements made by the Respondent No. 2 in his Affidavit ("X-1") and having regards to the judicial pronouncements in the case of Gian Singh v. State of Punjab1 and Narinder Singh & ors v. State of Madhya Pradesh2 and in Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.3, there is no impediment for allowing this Petition.

9.

Subject to payment of costs of Rs. 20,000/-, this Petition is allowed in terms of prayer clauses (a) and (b). Consequently, the FIR No. 510 of 2019 registered at Talegaon Dabhade Police Station, and charge-sheet bearing S.C.C. No. 1174 of 2021 pending on the file of C.J.J.D. and J.M.F.C. Vadgaon, Maval are quashed. Criminal proceedings arising out of the impugned FIR are closed.

1.

(2012) 10 SCC 303.

2.

2025 SCC Online SC 466 3.

(2017) 9 SCC 641.

10.

Petitioners shall deposit Rs. 10,000/-, in the belowmentioned bank account within a period of two week from today and file affidavit of compliance with proof of deposit in the Registry of this Court by 27.02.2026.

The High Court Employees Medical Welfare Fund at Mumbai Account No.: 000120110001337 Bank : Bank of India Branch : Mumbai Main IFSC Code : BKID0000001 11.

Respondent No. 2 shall deposit an amount of Rs. 10,000/- in the below-mentioned bank account within a period of two week from today and file affidavit of compliance with proof of deposit in the Registry of this Court by 27.02.2026. Central Police Welfare Fund Director General M.S. Mumbai.

Account No: 914010029005759 Bank : Axis Bank Limited Branch : Worli, Mumbai (M.H.), Mumbai - 400 025 IFSC Code: UTIB0000060.

12.

Writ Petition No. 468 of 2026 is allowed in the above terms.

(ASHWIN D. BHOBE, J.)