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Bombay High Court

SHIVSHANKAR JAGANNATH MOURYA @ SHIVAJI MOURYAversusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
Allowed

Holding

The High Court quashed the charge sheet under Section 528 BNSS, subject to the applicant paying costs of Rs.15,000.

Summary

Shivshankar Jagannath Mourya was charged under multiple IPC offences and the Maharashtra Depositors Protection Act for promising high Bitcoin returns. The complainant, a tax consultant, claimed to have received the full amount back via online transfer and later affirmed no further complaint. The applicant filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking quashment of the charge sheet, relying on a police report confirming the settlement. The Court, invoking the inherent powers under Section 528 (mirroring Section 482 of the CrPC) and the Bhajan Lal guidelines, held that the case could be quashed as it involved a private settlement of a non‑heinous offence. However, the Court imposed costs of Rs.15,000 to be paid to a charitable NGO, emphasizing deterrence against misuse of criminal law. The application was allowed and the charge sheet quashed subject to payment of costs.

Issues considered

  • Whether the FIR and charge sheet can be quashed under Section 528 BNSS/Section 482 CrPC on the basis of a settlement between the parties.
  • Whether costs may be imposed on the applicant in a consent‑quash proceeding.
  • Applicability of the Bhajan Lal guidelines to non‑heinous commercial fraud offences.

Legislation cited

Subjects

  • quashment
  • Section 528 BNSS
  • Section 482 CrPC
  • consent settlement
  • costs order
  • fraud
  • Bitcoin investment
  • criminal procedure
  • non‑heinous offence

Judgment

                                                                     23. CRI APL-1484-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                          CRIMINAL APPLICATION NO. 1484 OF 2026

           Shivshankar Jagannath Mourya @ Shivaji
           Mourya                                           .. Applicant
                      Versus
           State of Maharashtra & Ors.                      .. Respondents
                                       ....................
            Mr. Sandeep Mishra a/w Ms. Madhura Mulay, Advocates for
              Applicant
            Ms. Rajeshree V. Newton, APP for State
            Ms. Nisha Chavan, API, Mumbra Police Station
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : AUGUST 31, 2026
           P. C.:

           1.       Heard Mr. Mishra, learned Advocate for Applicant and Ms.

           Newton, learned APP for State.


           2.       Present Application is filed under the provisions of Section 528

           of the Bharatiya Nagarik Suraksha Sanhita (for short "BNSS") for

           quashing the chargesheet No. I-32 of 2025 dated 29.01.2026 in

           connection with FIR / CR No. 223 of 2025 dated 06.02.2025 filed at

           Mumbra Police Station, Thane for the offences punishable under

           Sections 406, 409, 420, 467, 468, 471 and 34 of Indian Penal Code,

           1860 (for short "IPC") and under Sections 3 & 4 of the Maharashtra

           Protection of Interest of Depositors in Financial Establishments Act,

           1999.



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3.    Applicant is arrayed as accused in the said FIR by Respondent

No. 3 – complainant.         Respondent No. 3 is the tax consultant.

Respondent No. 3 invested certain amounts with the Applicant at his

behest on promising very high returns to investment in Bitcoin on the

basis of stories and footings on YouTube.                  According to the

complainant, he deposited Rs. 3 Lakh with the Applicant. However,

the prosecution has come up with the figure of Rs. 8.66 Lakh.


4.    On the previous occasion, Mr. Mishra would persuade me to

consider quashing of the complaint on the ground that the

complainant had received his entire amount in one stroke by online

transfer. The complainant despite having been served is not present in

Court. Hence, this Court on 14.08.2026 passed the following order:-

      "1.    Heard Mr. Mishra, learned Advocate for Applicant and Ms. Newton,
      learned APP for Respondent.
      2.       Prosecution is directed to take cognizance of Affidavit appended at
      page No.144 and take appropriate instructions from the concerned
      Investigating Officer and apprise the Court on the next adjourned date and
      if so require file Affidavit-in-Reply.
      3.      Mr. Mishra submits that by virtue of the said Affidavit, Complainant
      has stated that he has received his entire amount by way of online transfer
      and therefore has no further complaint against Applicant.
      4.    Hence, issue notice to Respondents. Learned APP enters appearance
      and waives service on behalf of Respondent No.1 – State.
      5.      Humdast permitted. In addition to Court’s notice, Applicant is
      directed to serve the Respondents a copy of this order and Application and
      inform about the next date of hearing by any permissible mode of service
      and file appropriate affidavit of service with tangible proof thereof on the
      next adjourned date.
      6.     Stand over to 28th August, 2026."




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5.    Today when the matter is called out for compliance, learned

APP places on record police report dated 30.08.2026 which is filed

after investigation with the complainant who informed the Police

Authorities that settlement is arrived between the Applicant and

complainant   and    complainant    does   not   have     any   complaint

whatsoever with the Applicant. Complainant has informed the Police

Authorities that since he is out of station, he cannot personally come

and recorded his consent and no-objection for having received monies

and will come within 8-10 days to the Police Station for recording

statement. I have perused the said report. Prima facie, I do not have

any reason to disbelieve the same. I direct the learned APP to ensure

that the statement of the complainant is recorded as informed by him

and same is filed on record of the present Application.


6.    In view of the above and the report filed by the concerned Police

Authorities dated 30.08.2026, there can be no impediment in allowing

the present Application as prayed for by the Applicant.


7.    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

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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.


8.       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 furthered 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.


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

the lis between them is purely civil and commercial or matrimonial

1    1992 AIR 604

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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”.


10.   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


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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.


11.   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.


12.   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

complaint invoking criminal proceedings and now both the parties

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seeking quashing by consent, the Applicant should pay costs. Applicant

is directed to pay costs of Rs. 15,000/- to Anand Mangal

Bahuuddeshiya Sanstha within a period of two weeks from the date of

uploading of this order. Applicant is present in Court and through his

learned Advocate agree to pay the aforesaid costs amount to the

charity.


13.    I direct payment of costs to Anand Mangal Bahuuddeshiya

Sanstha, registered NGO and Trust situated at Malegaon working at

the grassroots level towards social welfare, holistic upliftment,

sustainable community development of destitutes, marginalized

women, elderly persons by providing them shelter, dignity, daytime

care services, medical care, promoting women empowerment by

livelihood training and practical vocational skill training programs in

rural and urban areas, supports skill development and health care

access and emergency relief for vulnerable community groups and at

present providing complete shelter, nutritious meals and complete

healthcare to 28 destitute seniors and 6 individuals with intellectual

disabilities at their Malegaon Headquarters. The details of this Sanstha

for payment of costs are as under:-


            Name of Bank:                  Bank Of Maharashtra

           Account Number:                    60434381304



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            IFSC Code:                             MAHB0002075

           MICR Code:                                423014102



Registered Name: Anand Mangal Bahuuddeshiya Sanstha, Malegaon.

Registration No.: MAHA/2909/Nashik | F-15352 / Nashik,

Office Address: S.No. 39/2/4D/41/1, Plot No.13, Near Panchaganga

Auto Showroom, Malegaon, Dist. Nashik, Maharashtra,

Mobile No.: +91 8208525304.


14.   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 clause "a" which read thus:-

          “a)   This Hon'ble Court may be please to call for the records and
                proceeding in respect of charge sheet no. I-32 of 2025 dated
                29.01.2026 in connection with F.I.R/C.R. No. 223 of 2025 dated
                06.02.2025 filed at Mumbra Police Station, Thane, against the
                present applicant and after examining the legality and propriety
                thereof, this Hon'ble Court may be pleased to quash the charge
                sheet no. I-32 of 2025 dated 29.01.2026 in connection with
                F.I.R/C.R. No. 223 of 2025 dated 06.02.2025 filed at Mumbra
                Police Station, Thane, against the applicant.


15.   List the Application for compliance of the order regarding

payment of costs on 15.09.2026.


16.   Advocate for Applicant shall remain present and show

compliance on behalf of Applicant             on the returnable date for

compliance. If he does not remain present and there is non-compliance



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           of this order, Court will pass appropriate order for recall of this order,

           which shall be noted by the Applicant.


           17.        Application is allowed and disposed.


Amberkar                                            [ MILIND N. JADHAV, J. ]

                       Digitally
                       signed by
                       RAVINDRA
           RAVINDRA    MOHAN
           MOHAN       AMBERKAR
           AMBERKAR    Date:
                       2026.09.01
                       14:55:51
                       +0530




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