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 this Court stating that the dispute between him and applicant has been resolved and he is not interested in continuing with the criminal prosecution and has no objection for quashing the FIR. The complainant was also personally present before the court to prove there was 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 by way of mutual settlement and subsequently, the application for quashing of FIR is filed with the consent of Respondent No. 2.
Opinion of the Bench
• Since the allegations are personal in nature and don’t impact the society, the bench was of the view that there was no impediment in quashing the FIR.
• 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 quashment to take effect, the receipts for the payment of above costs shall be placed on the record of this Court within a period of four weeks from today and failing to produce this within the stipulated time, application to quash proceedings/ FIR shall stand dismissed automatically.