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Bombay High Court

DIGAMBAR DNYANDEV PATILversusTHE SOUTH INDIAN BANK LTD AND ORS

Decided
Disposal
Allowed

Holding

The High Court allowed the application, quashed FIR No.517 of 2022, and imposed costs of Rs.50,000 on the applicant.

Summary

The applicant, Digambar Dnyandev Patil, was charged with cheating and forgery for allegedly submitting false documents to obtain a Rs.15 crore loan from South Indian Bank. The bank recovered Rs.1.7 crore before the FIR was filed and later settled the dispute on 31 Oct 2024 by receiving Rs.13.55 crore, issuing a no‑due certificate. Both parties jointly moved the Bombay High Court under Section 482 of the CrPC (and Section 528 of the BNSS) seeking quashing of FIR No.517 of 2022 on the basis of their settlement. The Court examined the power to quash under the Bhajan Lal guidelines and held that, where the offence is not heinous and the dispute is civil/commercial, consent quashing is permissible, but costs may be imposed to deter misuse of criminal law. Accordingly, the Court ordered the FIR to be quashed, directed the applicant to pay Rs.50,000 to a charitable trust, and allowed the application.

Issues considered

  • Whether an FIR for cheating and forgery can be quashed by consent after the parties have settled the civil dispute.
  • Whether the High Court’s inherent powers under Section 482 of the CrPC (and Section 528 of the BNSS) extend to quashing non‑heinous offences in such circumstances.
  • Whether costs should be imposed on the applicant in a consent‑quashing petition.

Legislation cited

Subjects

  • quashing of FIR
  • Section 482 CrPC
  • Section 528 BNSS
  • consent settlement
  • criminal costs
  • cheating
  • forgery
  • loan fraud
  • inherent powers of High Court
  • Bhajan Lal guidelines

Judgment

                                                                         13. APL-1095-25.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                          CRIMINAL APPLICATION NO. 1095 OF 2025

           Digambar Dnyandev Patil                         .. Applicant
                      Versus
           The South Indian Bank Ltd & Ors.                .. Respondents
                                      ....................
            Mr. Ashok B. Tajane (through VC) a/w Mr. Yuvraj A. Tajane,
              Advocates for Applicant
            Ms. Shilpa G. Talhar, APP for State
            Mr. Pritesh Bansod (through VC) a/w D. Suvarna Rajesh i/by
             Pritesn Bansod & Associates, Advocates for Respondent No. 1 -
             Bank
            Ms. Varshah Chavan, PI, EOW, Bkg 1, Unit 9, Mumbai
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : SEPTEMBER 3, 2026
           P. C.:

           1.       Heard Mr. Tajane, learned Advocate for Applicant; Ms. Talhar,

           learned APP for State and Mr. Bansod, learned Advocate for

           Respondent No. 1 - Bank.


           2.       The present Application is filed under Section 482 of the Code

           of Criminal Procedure, seeking quashing of FIR No. 517 of 2022

           (E.O.W.C.R. No. 93 of 2022) registered with D.N. Nagar Police Station,

           Mumbai City subsequently lodged as EOW-CR No. 93 of 2022 and the

           consequential proceedings arising therefrom.


           3.       Complainant in the present case is Respondent No. 1 - The

           South Indian Bank, Andheri, Branch.              The FIR is initially filed for


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cheating and forgery committed by the Applicant and his wife, inter

alia, with regard to submitting false documents for seeking loan of Rs.

15 Crore from the Bank. Insofar as the return of the said amount is

concerned, prior to filing of the FIR, an amount of Rs. 1.7 Crore was

already returned back to the Bank.


4.    Respondent Bank filed Criminal Application No. 223 of 2023

qua cancellation of bail given to the Applicant and permission to

withdraw the amounts which were already deposited pursuant to the

Consent Terms and order passed by this Court to that effect on

06.08.2024. Later on the entire dispute with regard to the amount

between Bank and present Applicant was settled under one time

settlement on 31.10.2024 for the sum of Rs. 13.55 Crore which is

received by the Bank as informed by Mr. Bansod. No-due certificate

issued to the Applicant is appended at page No. 48 of the Application.


5.    Civil Court proceedings including the Revision Application filed

in this Court have all been withdrawn by the Bank in view of the

aforesaid settlement between the parties.       Parties are therefore

persuading the Court to put an end to the lis between them and quash

the criminal proceedings qua the Applicant by consent.


6.    Section 482 of the Criminal Procedure Code, 1973 conferred

inherent powers on High Courts to pass such orders as are justified to



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give effect to any order in the Court, prevent abuse of process of any

Court or secure the ends of justice. In the BNSS this provision stands

incorporated with Section 528 which substantially reproduces the

language and intent of Section 482 of the CRPC, 1973 High Courts

invoke this provision to step in where cases have been instituted with

malafide motives or to harass the accused person thereby avoiding

procedural harassment. It empowers Court to dismiss FIRs or criminal

proceedings if there is no prima facie case or evidence against the

accused person/s or if orders are made in violation of the principles of

natural justice. The exercise of such powers under Section 482 of

CRPC and now Section 528 of BNSS remains discretionary and varies

from case to case.


7.       In State of Harayana vs Bhajan Lal1 the Supreme Court laid

down model categories and guidelines in paragraph No. 102 of the

said judgment in which the FIRs can be quashed. The Supreme Court

has     further     asserted   that   power   under   Section   482    is   an

acknowledgment of "powers inherent" and not the source of powers

additional. It has held that even non compoundable offences can be

quashed where necessary. It has held that High Courts have to decide

whether the prosecution of an offence would further or be against the

interest of justice. It is also held that grievous offences such as murder,


1    1992 AIR 604

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rape, and dacoity cannot ordinarily be quashed even after settlement

because they involve societal implication.


8.    In the above context, when parties settle their private dispute or

the lis between them is purely civil and commercial or matrimonial

and the offence is not heinous or does not impact the society at large,

the Court can consider such request. In such a case awarding costs for

putting the criminal law into motion on the act of the accused persons

and thereafter both parties seeking quashing of proceedings by

consent, in my opinion, can be considered by Court which can impose

costs on the parties, especially so in matters coming before the Court

by “consent quashing”.


9.    For above levy of costs the legal principle rests on the logic that

criminal law cannot be used as a bargaining chip or a tool for private

settlements after draining the State and judicial resources. In simple

words, Courts cannot be used as a recovery mechanism to settle scores

and/or bring the parties into subjugation. I am of the firm opinion that

imposition of costs in consent quashing matters is required to be levied

for three main reasons viz., wastage of public resources, consumption

of valuable judicial time and for deterrence against vexatious

litigation. This is because after criminal machinery is set into motion,

the Police Department is forced to take cognizance, conduct

investigations, attend courts, deploy personnel, collect evidence and

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draft chargesheets, all using public funds/ public exchequer. Equally

substantial judicial time of the Trial Courts and Sessions Courts is

wasted for handling a case, presentation of a case, issuance of

summons, scheduling of trial dates, appointment of prosecutors and

their fees, etc. and ultimately if consent quashing is allowed such

judicial time stands completely wasted, which could have otherwise

been used for genuine Trial Court matters/ litigation in one way such

matters result in clogging the legal system and lead to humongous

pendency which becomes difficult to tackle.


10.   Another aspect to consider for imposing costs is that it curbs the

growing trend of filing strategically exaggerated criminal complaints

(especially matrimonial or commercial disputes) simply to force

financial and legal settlements. In a given case made out on merits of

the matter, even the Complainant can be put to costs while considering

a quashing Petition purely on merits depending upon the facts of each

case before Court. In some strong circumstances, even the State

machinery can be put to costs if a purely civil dispute between parties

strongly emanating from the facts on record is registered as criminal

case and given the flavor of criminality. This Court is also equally

conscious about not imposing costs blindly or mechanically if a

particular party is not found to be remiss or at explicit fault for




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abusing the law, as also conscious about heinous offences impacting

the society at large while considering consent quashing.


11.   Applying the aforesaid principles to the facts of the present case,

I am of the opinion that the Applicant for his actions resulting in the

Complainant Bank invoking criminal proceedings and now both the

parties seeking quashing by consent due to their settlement, the

Applicant should pay costs. Hence, Applicant is directed to pay costs of

Rs.50,000/- towards the Corpus of A.K. Munshi Yojana a trust which

runs medical centres, vocational training centres and which also runs a

Special School called J.T. Sheth Mandbuddhi Vikas Kendra, 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, 3 rd Panjarapole

Lane, C.P. Tank, Mumbai – 400 004 [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 two weeks

from the date of uploading of this order.


12.   Applicant is present in Court and through his learned Advocates

agrees to pay the aforesaid costs amount to the above charity.




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           13.        In view of the above matter, the present Applicant deserves to be

           allowed subject to payment of costs as directed herein above. It is so

           allowed in terms of prayer clauses (a) which read thus:-

                                “a)      Rule be issued. Record and proceedings of the case be called for
                                        and after examining, the legality, propriety and validity thereof
                                        the FIR No.517 of 2022 ( E.O.W.C.R No.93 of 2022) lodged with
                                        D.N. Nagar Police Station, Mumbai City subsequently, lodged as
                                        EOW-CR No.93 of 2022 and as well as charge framed on
                                        15.02.2025 by the Ld. Additional Chief Judicial Magistrate, 47th
                                        Court, Esplande, Mumbai in CC No. 749/PW/2022 and the
                                        proceedings CC No. 749/PW/2022 pending before Ld. Additional
                                        Chief Judicial Magistrate, 47th Court, Esplande, Mumbai, qua the
                                        Applicant be quashed and set aside."

           14.            List the Application for compliance of the order regarding

           payment of costs on 1st October, 2026.


           15.        Advocate for Applicant shall remain present and show

           compliance on the returnable date for compliance. If he does not

           remain present and there is non-compliance of this order, Court will

           pass appropriate order for recall of this order, which shall be noted by

           the Applicant.


           16.        Criminal Application is allowed and disposed.



Amberkar                                                          [ MILIND N. JADHAV, J. ]

                     Digitally signed
                     by RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                     2026.09.05
                     13:22:30 +0530




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