This court quashed Local Action Committee No. 10 of 2012 under the Copyright Act, 1957. The sole basis for the order was the existence of an amicable settlement between the applicant and the rights holder.
Criminal Application allowed; Local Action Committee No. 10 of 2012 quashed; rule made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 463 OF 2012
Shri Sikander Shripal Singh. ... Applicant.
Versus
The State of Maharashtra & anr. ... Respondents.
Mrs. Mallika A. Ingale i/b. Mr. P.B. Pawar for Applicant.
Mrs. M.M. Deshmukh, APP for Respondent No. 1.
Mr. Samesh Ambekar for Respondent No. 2.
CORAM : A.S. OKA AND SMT. SADHANA S. JADHAV , JJ
DATE : OCTOBER 18, 2012
P.C.:
Talwalkar 1/3
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3 Prayer in this Criminal Application is for quashing L.A.C. No. 10 of 2012 registered in Samtanagar Police Station, Mumbai for offences under Sections 51 and 63 of the Copyright Act, 1957. The second Respondent is the first informant who claims to be a partner of M/s. United Protection Services. It is claimed that M/s. United Protection Services has acquired the rights in respect of a copyright from Delcom Software India Private Limited. The allegation in the First Information Report is that the Applicant is using a software of Delcom Software India Private Limited. It is alleged that when the police visited the office of the Applicant, on one of the computers, software was found to be used.
3 The second Respondent has filed an affidavit stating that there is an amicable settlement between the Applicant and M/s. United Protection Services.
4 Considering the nature of offence alleged and settlement between the parties, this is a fit case where power under Section 482 of the Code of Criminal Procedure, 1973 should be exercised,
Talwalkar
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as no purpose will be served by continuing the criminal proceedings.
( SMT. SADHANA S. JADHAV , J) (A.S. OKA, J.)
Talwalkar 3/3
2 issues framed by the court
Whether power under Section 482 CrPC should be exercised to quash criminal proceedings given the amicable settlement.
Whether the nature of the offence under the Copyright Act warrants quashing of the FIR.
2 provisions across 2 enactments
Shri Sikander Shripal Singh
The State of Maharashtra
United Protection Services
A.S. Oka
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
