Bombay High Court
Chainsingh Thangsingh And Anr vs State Of Maharashtra And Anr on 29 January, 2024
Author: N.R. Borkar
Bench: Anuja Prabhudessai, N.R. Borkar
2024:BHC-AS:4595-DB
P.H. Jayani 10(B) WP3584.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3584 OF 2023
Mr. Chainsingh Thangsingh and anr. .... Petitioners
v/s.
The State of Maharashtra and anr. .... Respondents
Mr. Vrushabh Savla for the Petitioners.
Ms. M.M. Deshmukh, APP for the State.
Mr. Saurabh Desai i/b. Mr. Anjum Shaikh for Respondent No.2.
CORAM: SMT. ANUJA PRABHUDESSAI AND
N.R. BORKAR, JJ.
DATED : 29th JANUARY, 2024.
P. C. :-
. The Petitioners herein seek to quash the FIR No.0008/2023
registered with Narpoli Police Station, Thane and R.C.C.No.926/2023
arising therefrom, pending on the file of learned 9 th Joint Civil Judge,
Junior Division and JMFC, Bhiwandi for offences punishable under
section 420 r/w. 34 of the Indian Penal Code and section 63 of Copy
Rights Act, 1957.
2. The aforesaid crime was registered pursuant to the FIR lodged by
the Respondent No.2. It was alleged that the Petitioners herein had
infringed the copyright pertaining to the artistic work on the packaging
P.H. Jayani 10(B) WP3584.2023.doc
material used by them for packing lamination sheets and had passed
off their goods as those of the JSK Trade International Partnership firm.
3. Learned counsel for the Petitioners and the Respondent No.2
state that the partnership firm - JSK Trade International had filed
Commercial IPR Suit in respect of the same cause of action and that the
parties have filed consent terms in the said suit and that the said suit
has been decreed as per the consent terms by judgment dated
01/09/2023. They have placed on record copy of the consent terms
filed in the said suit as well as the copy of the order dated 01/09/2023.
Respondent No.2 who is one of the partners of JSK Trade International,
has also filed his affidavit stating that the dispute has been settled and
as per clause (7) of the consent terms, he has no objection to quash the
FIR. Respondent No.2 is present before the Court. He is identified by
his advocate. He confirms the contents of the affidavit.
4. The dispute is of personal nature. Parties have settled the dispute
amicably. The settlement is genuine and voluntary. In such
circumstances, continuance of the criminal proceedings will be an
abuse of process of law. Hence, the Petition is allowed. FIR
No.0008/2023 registered with Narpoli Police Station, Thane and
P.H. Jayani 10(B) WP3584.2023.doc
R.C.C.No.926/2023 arising therefrom, pending on the file of learned
9th Joint Civil Judge, Junior Division and JMFC, Bhiwandi, are hereby
quashed subject to payment of cost of Rs.75,000/- to be paid by both
the parties to Advocates Association of Western India Generation Next
within a period of three weeks from today. The details of the account
are as under :-
Name :- AAWI Generation Next
Account No. :- 000110110007807
Bank Name and Branch :- Bank of India, Mumbai Main Branch.
IFSC Code :- BKID0000001
5. Parties are put to notice that in the event the costs are not paid
within stipulated time as stated above, the order shall stand recalled
without further reference to the Court.
6. Registry to place the matter before the Court 'for compliance' on
20/02/2024 in the event the parties fail to comply with the order.
(N.R. BORKAR, J.) (SMT. ANUJA PRABHUDESSAI, J.)
