Lumenis India Pvt Ltd v. State of Maharashtra & Anr
In the Bombay High Court
Criminal Application No. 1354 of 2015
Before Justice Ranjit More and Justice V.L. Achliya
Decided on January 08, 2016

Relevancy of the case: Whether amicable settlement is a ground for quashing of FIR pending investigation?

Statutes & Provisions Involved
• The Information Technology Act, 2000 (Section 43(d), 66)
• Code of Criminal Procedure, 1973 (Section 482)

Relevant Facts of the Case
• The application is filed under Sec 482 CrPC, to quash the FIR registered with Cyber Police Station, BKC Mumbai, registered against the applicant for the offences under Sec 43(d) and 66 of IT act.
• The original complainant filed an affidavit before the Court, stating that he resolved the dispute with the applicant. He is not interested in continuing the criminal prosecution and has no objection to quashing the FIR. He was personally present  to prove no pressure or undue influence.

Prominent Arguments by the Advocates
• Counsels for the respective parties submitted that during the pendency of the investigation, the parties have amicably settled their issues through a mutual settlement. Respondent 2 consented to apply to quash the FIR.

Opinion of the Bench
• The bench held that the allegations don’t impact society. And, the FIR can be quashed

Final Decision
• The applicant shall pay Rs. 25,000 to Tata Memorial Hospital and Respondent No. 2 to pay Rs. 25,000 to Police Welfare Fund. For the quashing to take effect, both parties must place the payment receipts on the Court’s record within four weeks. Failing to produce within the stipulated time, the application to quash proceedings/ FIR shall stand dismissed automatically.

इस केस के सारांश को हिंदी में पढ़ने के लिए यहाँ क्लिक करें | To read this case summary in Hindi, click here.