Raman Sood & Anr. v. Anr

Mr.Atul Damale for Petitioner Mrs. A.S. Pai-APP for the State Mr. B.N. Poojari for Respondent No.2 ******** CORAM: V.M. KANADE & P.D KODE, JJ. DATE: 9th May, 2012 P.C.

Heard the learned counsel appearing on behalf of the Petitioner, learned APP for the State and the Respondent No.2-Original Complainant.

The Respondent No.2 has filed his affidavit in reply which is taken on record.

By this petition which is filed under Article 226 of the Constitution of India and under section 482 of the Code of Criminal Procedure, the Petitioner is seeking an appropriate writ, order and direction for quashing the 2 (WP 3886 of 2011) FIR No. I-229 of 2010 registered with Kapurbawdi Police Station, Thane for the offences punishable under section 420 of the Indian Penal Code and section 63 of the Copyrights Act. The chargesheet also has been filed being chargesheet No. 218 of 2010 and is pending before the Judicial Magistrate, First Class. The learned counsel for the Petitioner submitted that the parties have settled the dispute amicably and the Respondent No.2 has filed an affidavit in reply, stating therein that in view of the consent terms which are filed by the parties in the suit being Suit No. 2824 of 2011 and he has no objection if the said complaint is quashed. The learned counsel for the Petitioner submits that though the offences punishable under section 420 is compoundable, the offences punishable under section 63 of the Copyrights Act would not compoundable and, therefore the Petitioner has constrained to file this petition under Article 482 of Cr.P.C.

The Apex Court in several cases including the case of Madan Mohan Abbot vs. State of Punjab [AIR 2008 SC 1969] has held that if the dispute between the parties is a personal one, the High Court while exercising its inherent jurisdiction under section 482 of Cr.P.C. can quash a complaint even though the said offence which is 3 (WP 3886 of 2011) registered against the Petitioner is a non-compoundable offence.

This being the position, in our view, this is a fit case where the petition should be allowed and the complaint and the chargesheet, which has been filed pursuant to the registration of the complaint filed by the Original Complainant against the Petitioner, should be quashed. Writ petition is, accordingly, allowed in terms of prayer clause (a) and disposed of. (P.D.KODE J.) (V.M. KANADE J.) V.A.Tikam