Case Note & Summary
The petitioner, Nirav Danishkumar Shah, a partner of M/s. AU Finja Jewels, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973, seeking quashing of Crime No. 88 of 2015 registered by Vikhroli Parksite Police Station. The FIR was lodged by respondent no.2, Babu Kamble, who claimed to be a Director of United Protection Services, a company that protects copyrights of various companies. The FIR alleged offences under Sections 292, 353, 420 read with Section 34 of the Indian Penal Code, 1860, Sections 63(B) and 64 of the Copyright Act, 1957, and Sections 65 and 67 of the Information Technology Act, 2000. The complaint stated that M/s. AU Finja Jewels had installed a pirated software called 'Jewelcad'. The court examined the complaint and the first remand report dated 24th February 2015. It noted that the respondent no.2 was not the copyright owner of the software but a private party acting on behalf of others. The police, upon the request of respondent no.2, accompanied him and his associates in a private car to the petitioner's premises and conducted a search and seizure. The court found that the police acted as a conduit for the private complainant, and the dispute was essentially a private commercial dispute. The court held that the criminal process cannot be used as a tool for recovery of dues or to settle private scores. Consequently, the court quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC read with Article 226 of Constitution - Abuse of Process - FIR quashed where police acted as conduit for private complainant who was not the copyright owner, and the complaint was essentially a private dispute - Held that the criminal process cannot be used as a tool for recovery of dues or to settle private scores (Paras 1-9).
Issue of Consideration
Whether an FIR registered under Sections 292, 353, 420 read with Section 34 of IPC, Sections 63(B), 64 of Copyright Act, and Sections 65, 67 of Information Technology Act, based on a complaint by a private party who is not the copyright owner, and where the police acted as a conduit for the private party, is liable to be quashed under Section 482 CrPC read with Article 226 of the Constitution.
Final Decision
The court quashed Crime No. 88 of 2015 registered by Vikhroli Parksite Police Station and all proceedings arising therefrom.
Law Points
- Criminal Procedure Code
- 1973
- Section 482
- Article 226 of Constitution of India
- Quashing of FIR
- Abuse of process of law
- Private complaint mechanism
- Copyright Act
- 1957
- Information Technology Act
- 2000
