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2.The entire case is mainly on the theft of source-code of the software said to have been developed by the de facto complainant/2nd respondent. Two suits have been originally filed by the de facto complainant before this Court in C.S.(Comm. Div.)Nos.192 of 2019 and 580 of 2018 for permanent injunction restraining the accused from using the source-code of the software developed by the de facto complainant. Meanwhile, a criminal case in Crime No.86 of 2019 was registered against the accused for the offences under Sections 408 & 420 IPC and Sections 43, 65 and 66 of the Information Technology Act, 2000.

4.The learned counsel for the petitioners/accused submitted that the parties had reached a compromise and they had filed a memo of compromise in the suits, wherein the accused/defendants have agreed that they will not use the source-code or trade-mark of the software belonging to the de facto complainant/plaintiff and the plaintiff/de facto complainant has agreed to withdraw all the cases and complaints filed by them against the accused, and also agreed for the return of the deposited amount of Rs.1 Crore to the accused. Recording the same, the suits were decreed in terms of the memo of compromise. The learned counsel would submit that, now, the petitioners/accused have filed affidavits stating the aforesaid facts and have undertaken not to use the source-code of the software or trade-mark of the de facto complainant and prayed for quashing of the F.I.R. in Crime No.86 of 2019.

5.Mr.Aniruth Krishnan, learned counsel appearing for the 2nd respondent/de facto complainant, submitted that, at the instance of the de facto complainant, who was the plaintiff in C.S.(Comm. Div.)Nos.192 of https://www.mhc.tn.gov.in/judis/ Crl.O.P.Nos.15680, 20063 and 26201 of 2019 2019 and 580 of 2018 before this Court, an F.I.R. was lodged in Crime No.86 of 2019 for the offences stated above. The entire case is mainly a result of breach of trust between the parties and it is also submitted that, now, the parties have reached a comprise and a memo of compromise has been filed in the suits, wherein the de facto complainant has agreed to withdraw all the complaints filed by them against the accused. Now, all the accused have given an undertaking and filed their affidavits to the effect that they will not use the source-code of the software belonging to the de facto complainant.