Bombay High Court
NOBROKER TECHNOLOGIES SOLUTIONS PRIVATE LIMITED THROUGH MR KSHETRAGYA NATH SINGH AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The court held that, in view of the parties' settlement and the consent affidavit, the criminal proceedings should be quashed and stayed.
Summary
The petitioners, Nobroker Technologies Solutions Pvt. Ltd., filed a writ petition seeking quash of a criminal proceeding arising from a copyright infringement complaint and an FIR registered under the Bharatiya Nyaya Sanhita, 2023. The dispute involved alleged infringement of copyrighted material, for which the Additional Chief Judicial Magistrate had ordered investigation and a notice under Section 35(3) of the BNSS Act. During the pendency of the case, the parties negotiated and reached an amicable settlement, as evidenced by a consent affidavit filed by Respondent No.2 stating it would not pursue the complaint further. The High Court, noting the settlement and lack of any surviving grievance, held that there was no purpose in continuing the criminal proceedings. Accordingly, the court quashed the order dated 30 September 2025, stayed all further investigation, and disposed of the petition, also directing the petitioners to pay costs to a charitable institution.
Issues considered
- Whether criminal proceedings under the Bharatiya Nyaya Sanhita, 2023 and the Copyright Act should continue despite an amicable settlement between the parties.
- Whether the order of the Additional Chief Judicial Magistrate and the FIR can be quashed and the investigation stayed.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(3) r.w. 3(5)
- BNSS Act — s. 35(3)
Subjects
- copyright infringement
- criminal procedure
- settlement
- quash order
- BNSS Act
- consent affidavit
- FIR
- High Court
Judgment
17-WP-4066-26.doc
rsk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4066 OF 2026
Nobroker Technologies Solutions Private Limited
Through Mr Kshetragya Nath Singh And Ors. .. Petitioners
Versus
State of Maharashtra and Anr. .. Respondents
....................
Mr. Thomas George a/w. Mr. Aamir F. Sopariwala i/b Saikrishna &
Associates for Petitioners.
Mr. Amit A. Palkar, APP for Respondent-State.
Mr. Pradip J. Jaiswal. for Respondent No.2.
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 28, 2026
P.C.:
1. The allegation in the present complaint relates to copyright
infringement. Both the parties have resolved their dispute and
respondent No.2 has filed consent affidavit, copy of which is appended
at page 58. I have perused the same. Paragraph 4, 5 and 6 in the
present affidavit read as under:
4. I say that during the pendency of the proceedings,
discussions and communications took place between the
Authorized Representative of Respondent No. 2 and the
Authorized Representative of Petitioner No. 1, with a view to
amicably resolving the disputes and differences arising out of
Digitally signed
by
RAJESHWARI
RAJESHWARI SUBODH
the subject matter of the complaint and the aforesaid FIR.
SUBODH KARVE
KARVE Date:
2026.08.29
18:53:13 +0530
5. I say that pursuant to the aforesaid discussion and
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17-WP-4066-26.doc
deliberations, Respondent No. 2 and the Petitioners have
arrived at a mutually acceptable resolution and have amicably
settled and resolved all disputes and differences arising out of
the subject matter of the complaint and the aforesaid FIR to
the satisfaction of Respondent No. 2.
6. I say that in view of the aforesaid amicable resolution,
Respondent No.2 does not wish to pursue its complaint or
prosecute the criminal proceedings arising therefrom
complaint any further and has no surviving grievance against
the Petitioners in relation to the subject matter of the
complaint and the aforesaid, FIR.”
2. Considering that the parties have resolved their dispute, in my
opinion no further purpose will be served in keeping this criminal
proceedings alive.
3. In that view of the matter, petition stands allowed in terms of
prayer clauses ( a) and (b) which reads thus:
“a. To quash and set aside the order dated September 30,
2025, being Exh. 1, in CC No. 7855/MISC/2024, passed by
the Court of Additional Chief Judicial Magistrate, 22nd Court,
Andheri, Mumbai and all consequential steps taken pursuant
thereto including the FIR being CR No. 0750/2025 registered
by MIDC Police Station, Andheri for offences punishable u/s
318(3) r.w. 3(5) of Bharatiya Nyaya Sanhita 2023 and 63 &
69 of the Copyright Act.
b. To grant stay all further proceedings pursuant to the order
dated September 30, 2025, including investigation into CR
No. 0750/2025 registered by MIDC Police Station and effect,
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17-WP-4066-26.doc
operation and enforcement of the Notice dated October 17,
2025, under Section 35(3), BNSS Act, pending the hearing
and final disposal of this Petition.”
4. Petitioners are directed to pay costs of Rs.25,000/-, to be paid to
A.K. Munshi Yojana's J.T. Sheth Mandbuddhi Vikas Kendra, a Special
School imparting education and training to the needs of 150 special
children in the field of Education (Classes for 6 to 18 years), early
intervention (upto 6 years) and vocational training (18 years above)
having its school address and building at A.K. Munshi Yojana Chowk,
3rd Panjarapole Lane, C.P. Tank, Mumbai [Contact Nos. 22425513 /
22423654] registered under the Society Registration Act, XXI of 1980
under No.: 387/81 GBBSD and the Public Trust Act, XXIX of 1950
under No. F-6809. RCI Reg. No. 0163 within a period of four weeks
from today. Receipt of payment of costs shall be placed before the
Court for compliance.
5. List the Petition for compliance on “11 September 2026”.
6. Petition stands allowed and disposed.
rsk [ MILIND N. JADHAV, J. ]
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