1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2064 OF 2009 Mustafa Abdul Sattar Lakadia & Ors. ..Petitioners versus Mattel Inc. & Anr. ..Respondents Mr. P. A. Siddiqui for Petitioners. Mr. A. Keyser and K. S. Pachoo for Respondent No. 1. Ms. S. N. Gawade – APP for State. CORAM : S. A. BOBDE, J. DATED : 4TH AUGUST, 2009. P.C. : 1. The petitioners have prayed for quashing and setting aside of F.I.R. bearing C.R. No. 1209/05 registered with the Crime Branch Control, Unit II, Mumbai, pending on the file of the Metropolitan Magistrate of 25th Court at Mazgaon, Mumbai. 2. The process was issued against the petitioners in respect of offences under Section 103 and 104 of the Trade Marks Act, 1999 and under Section 63 and 65 of The Copyright Act, 1957 in respect of alleged infringement of intellectual property rights in certain toys. According to the complainant they had the sole rights in the toys which were being infringed by the petitioners. However, the parties have subsequently settled the 2 dispute between them by way of Deeds of Undertaking signed by the parties and annexed to this Criminal Application at Exhibits ‘E’, ‘E-1’ and ‘E-2’. The Respondents No. 1 have filed affidavit in reply of one Mr. Manoj Kumar where he has accepted the existence of the settlement vide a paragraph 6 of affidavit dated 3rd August, 2009. 3. It is apparent that the dispute between the parties is in the nature of private dispute interse and in which the public at large is not involved. In the circumstances of the case and having regard to the law laid down by the Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab [(2008)4 SCC 582], it will be appropriate in the interest of justice to quash and set aside the FIR. Accordingly the Application is allowed in terms of prayer clauses (i) and (ii) which reads as follows: “(i) be pleased to allow this Petition; (ii) this Hon’ble Court may be pleased to quash and set aside the F.I.R. bearing C.R. No. 1209/05 registered with the Crime Branch Control, Unit II, Mumbai and pending on the file of the Metropolitan Magistrate of the 25th Court at Mazagaon, Mumbai under No. 48/PW/06, on such terms and conditions as this Hon’ble Court may deem fit and proper only in favour of the Petitioners herein.” 4. Order accordingly. (S. A. BOBDE, J.)