vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3878 OF 2007 CRIMINAL APPLICATION NO.3878 OF 2007 CRIMINAL APPLICATION NO.3878 OF 2007 Satnam Singh Narayan Singh & Ors. ... Applicants V/s. State of Maharashtrra & Anr. ... Respondents Mr.Aabad H.H. Ponda for Applicants Mr.Dayanand Waghmare for Respondent No.2 Mr.P.A. Pol, APP, for State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: MAY 2, 2008 MAY 2, 2008 MAY 2, 2008 P.C.: P.C.: P.C.: . The complainant i.e. Respondent No.2. herein, had filed a complaint under sections 78 and 79 of the Trade and Merchandise Marks Act, Sections 63 and 65 of the Copyright Act 1957 and Sections 420 and 486 of the Indian Penal Code. The contention of the complainant, Respondent No.2 herein, was that the applicants have infringed its trade mark and copyright. 2. This being primarily a private dispute between the parties, they have settled the same between themselves. An affidavit of one Bakul Ruparelia, Manager of Respondent No.2 has been filed. He was the informant in the FIR lodged in the case. He has stated that Respondent NO.2 does not wish to continue the prosecution pending against the petitioners before the Additional Chief Metropolitan Magistrate, 37th Court, : 2 : Esplanade in C.C. No.374/M/2002. 3. In view of the decision of the Supreme Court in the case of Madan Mohan Abbot v/s. State of Punjab, (Criminal Appeal No.555 of 2008) (Criminal Appeal No.555 of 2008) (Criminal Appeal No.555 of 2008) decided on 26.3.2008 wherein the Supreme Court has observed that when the prosecution lodged against a party is personal in nature, and the likelihood of it resulting in a conviction is remote since the parties settled the dispute between themselves, it would be appropriate in for the High Court in proceeding under section 482 of the CRPC to quash the proceedings. In my opinion, the present case is a fit case where the prosecution launched against the petitioners should be quashed in view of the affidavit filed by the Manager of Respondent No.2. Hence, the proceedings arising out of the Case No.100/PW/2004 pending before the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade arising out of C.B. Control MECR No.33 of 200 are quashed and set aside. 4. Criminal Application is disposed of accordingly.