KAILASH ANANDRAO ATOLE AND ORSversusSTATE OF MAHARASHTRA AND ANR

                                                                                   69. APL 1439-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL APPLICATION NO. 1439 OF 2026

                      Kailas Anandrao Atole & ors.                              .Applicants

                                      Vs.

ANAND                 The State of Maharashtra & anr.                           .Respondents
SUDHAKAR
SUDAME
Digitally signed by
                                                         WITH
ANAND SUDHAKAR
SUDAME                                       WRIT PETITION NO. 4359 OF 2026
Date: 2026.09.30
12:39:58 +0530

                      Charudatta Bhagwantrao Nandere & anr.                     .Petitioners

                                       Vs.

                      The State of Maharashtra & ors.                           .Respondents

                      Mr. Sachin B. Thorat a/w. Mr. Vijay B. Kurhade, Ms. Pranali Daware
                      i/b. Mr. Yogesh Thorat, Advocates, for the Applicants in Cri. Appln. No.
                      1439 of 2026 and for the Petitioners in W. P. No. 4359 of 2026
                      Mr. S. A. Karmakar, APP, for Respondent No. 1 – State
                      Mr. Mahesh Thite, PSI, Baner Police Station, Pune present

                                              CORAM : MILIND N. JADHAV, J.

                                              DATE       : 18.09.2026
                      P. C.

                      1.      Heard     Mr.     Sachin     Thorat,    learned    Counsel       for   the

                      Applicants/Petitioners and Mr. Karmakar, learned APP for Respondent

                      No. 1- State.

                      2.      The parties have settled their dispute. They are all family

                      members. The dispute had arisen in view of the Will. Compromise


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pursis is filed before the Civil Court. The parties had already acted

upon the same. They desire to quash the present Criminal proceeding

by consent quashing. After hearing the submissions of the learned

Advocates and in fact, the parties, who are all present before the me,

the present Petition deserves to be allowed so that the parties can now

live their life in future without the hindrance of the Criminal

prosecution or proceeding. Since there are two proceedings, two

different Consent Affidavits have been filed by the Complainant, who is

common. The Consent Affidavits are dated 11.09.2026. They are taken

on record. I have interacted with the Complainant. He affirms the

contents of the same.

3.      In that view of the matter, the Application and the Petition stand

allowed.

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

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

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


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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.

5.      In State of Harayana vs Bhajan Lal 1 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, rape, and

dacoity cannot ordinarily be quashed even after settlement because

they involve societal implication.


6.      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


1
     1992 AIR 604

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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”.


7.      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 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

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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.


8.      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 abusing

the law, as also conscious about heinous offences impacting the society

at large while considering consent quashing.


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

I am of the opinion that the Applicants and the Petitioners, for their
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actions resulting in the complainant invoking criminal proceedings and

now all the parties seeking quashing by consent, the Applicants and the

Petitioners, should pay costs. Hence, Applicants and Petitioners are

both directed to pay combined costs of Rs. 25,000/- (Rs. 12,500/- each

in the two matters) 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. The Applicants and the

Petitioners are present in Court and through their learned Advocate

agree to pay the aforesaid costs amount to the charity.


10.     In view of the above matter, the present Application and the

Petition deserve to be allowed subject to payment of costs as directed

herein above. They are so allowed in terms of prayer clauses ‘A’ and

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‘A-1’ and ‘B’ and ‘B-1’


                 CRIMINAL APPLICATION NO. 1439 OF 2026

           “A)    That this Hon’ble Court may be pleased to exercise its powers
                  under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
                  2023 and may be pleased to quash the FIR bearing C. R. No. 189
                  of 2026 registered with the Baner Police Station for the offences
                  punishable under Sections 318(2), 319(2), 318(4), 336(2),
                  336(3), 338, 340(2), 352, 3(5) of the Bharatiya Nyaya Sanhita,
                  2023.
           A-1) Be pleased to quash and set aside the chargesheet filed in the said
                FIR bearing C. R. No. 189 of 2026 before the Ld. 2 nd Jt. C. J. J. D.
                and J. M. F. C. Pune as well as quash the Criminal Proceedings
                bearing No. Regular Criminal Case (R.C.C.) No. 3592 of 2026
                arising out of said C. R. and pending before the Ld. 2 nd Jt. C.J.J.D.
                and J. M. F. C. Pune.”



                           WRIT PETITION NO. 4359 OF 2026
           “B)    Issue an appropriate writ, order or direction under Article 226 of
                  the Constitution of India read with Section 528 of the Bharatiya
                  Nagarik Suraksha Sanhita, 2023 and QUASH AND SET ASIDE FIR
                  bearing C. R. No. 189 of 2026 registered with the Baner Police
                  Station for the offences punishable under Sections 318(2), 319(2),
                  318(4), 336(2), 336(3), 338, 340(2), 352, 3(5) of the Bharatiya
                  Nyaya Sanhita, 2023 and all consequential proceedings arising
                  therefrom, insofar as the present Petitioners are concerned.
           B-1) Be pleased to quash and set aside the chargesheet filed in the said
                FIR bearing C. R. No. 189 of 2026 before the Ld. 2 nd Jt. C. J. J. D.
                and J. M. F. C. Pune as well as quash the Criminal Proceedings
                bearing No. Regular Criminal Case (R.C.C.) No. 3592 of 2026
                arising out of said C. R. and pending before the Ld. 2 nd Jt. C.J.J.D.
                and J. M. F. C. Pune.”

11.     List the Criminal Application and Writ Petition for compliance of

the order regarding payment of costs on 05.10.2026.


12.     Advocate for the Petitioners and Applicants shall remain present

and show compliance on behalf of the Petitioners and Applicants on the


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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 Petitioners and the

Applicants.


13.     Criminal Application and Writ Petition are allowed and disposed.



                                                (MILIND N. JADHAV, J.)




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