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Bombay High Court

SUJIT BHANUDAS GHODKE AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The court quashed the FIR and charges under Section 528 BNSS and ordered the applicants to pay costs.

Summary

The applicants, contractors of the complainant, were accused of cheating and breach of trust, leading to an FIR for several offences under the Bharatiya Nyaya Sanhita. The parties later entered into a Deed of Compromise, with the complainant affirming receipt of the agreed amounts. The court examined its inherent power under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, analogous to Section 482 of the CrPC, to quash criminal proceedings when a private settlement resolves the dispute and no prima facie case remains. Relying on the guidelines from State of Haryana v. Bhajan Lal, the court held that non‑heinous, non‑compoundable offences may be quashed to prevent abuse of process and wastage of public resources. The court allowed the consent quashing of the FIR and charges and ordered each applicant to pay Rs.10,000 as costs to the Bar Council of Maharashtra and Goa Advocate Aid Fund.

Issues considered

  • Whether the FIR and subsequent criminal proceedings can be quashed by consent under Section 528 BNSS in light of a private settlement.
  • Whether the court may impose costs on the applicants for initiating criminal proceedings that were later settled.
  • Whether non‑heinous, non‑compoundable offences may be quashed despite the general rule against compounding such offences.

Legislation cited

Subjects

  • consent quashing
  • Section 528 BNSS
  • Section 482 CrPC
  • abuse of process
  • costs
  • settlement
  • non‑heinous offences
  • commercial dispute

Judgment

                                                             143.APL.1689.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                    CRIMINAL APPLICATION NO. 1689 OF 2026

       Sujit Bhanudas Ghodke and Ors.                     .. Applicants
             Versus
       State of Maharashtra and Anr.                      .. Respondents

                                 ....................
        Mr. Suyash Nitin Khose a/w. Mr. Siddharth N. Sutaria, Mrugen
         Dhaga, Mr. Abhijit Aher and Mr. Harshal Chavan, Advocates for
         Applicants.
        Mr. Amit A. Palkar, APP for Respondent No.1 – State.
        Mr. Ravindra Pandurang Salve, Advocate for Respondent No.2.
                                    ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 11, 2026.

       P.C.:

       1.       Heard Mr. Khose, learned Advocate for Applicants; Mr.

       Palkar, learned APP for Respondent No.1 – State and Mr. Salve,

       learned Advocate for Respondent No.2.


       2.       The parties have a long standing relationship in view of the

       Applicants being contractors of Respondent No.2 - Complainant.

       Certain amounts were exchanged, but were not repaid. This led to the

       dispute and lodging of complaint and FIR for cheating and breach of

       trust. The parties have entered into consent terms, copies of which are

       appended at page No.236. I have perused the same. It is a Deed of

       Compromise which prima facie shows that all disputes stand settled

       and payments have been received as stated therein.

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3.           The Consent Affidavit is tendered across the bar by the

Complainant. The complainant is physically present in Court. He

affirms the contents of the consent Affidavit and the amounts having

been received as per the Deed of Compromise.


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

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
1    1992 AIR 604

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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 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



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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 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

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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 for their actions resulting

in the complainant invoking criminal proceedings and now both the

parties seeking quashing by consent, the Applicants should pay costs.

Hence, Applicants are directed to pay costs of Rs.10,000/- each to

Account Name: Bar Council of Maharashtra and Goa Advocate Aid

Fund; Bank Name: State Bank of India; Branch Name: Mumbai Main

Branch; Account No.10996711937; IFS Code: SBIN0000300 and Type

of Account: Savings Account. All Applicants are present in Court and

through their learned Advocates agree to pay the aforesaid costs

amount as directed.


10.       In this view of the above, both the learned Advocates

persuade the Court to allow the Application by consent quashing. The

Application stands allowed in terms of prayer clause (b) which reads

thus:-

          “(b) This Hon’ble Court to pleased to exercise its power under
               Section 528 of the Bhartiya Nagarik Suraksha Sanhita,
               2023, and thereby quash and set aside the F.I.R. bearing
               C.R. No. 153 of 2026 dated 25.05.2026 registered at


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                                        Junnar Police Station, Dist.: Pune Rural, for the offences
                                        punishable u/S. 318(4), 316(2), 338, 336(3), 340(2) and
                                        61(2) of the Bharatiya Nyaya Sanhita, 2023, as well as the
                                        Chargesheet bearing no. 115 of 2026 and the subsequent
                                        proceedings arising out of R.C.C. No. 391 of 2026 pending
                                        before the Ld. JMFC Court, Junnar, Dist.: Pune, and
                                        consequently discharge the Applicants/Accused from the
                                        charges levelled against them.”



                             11.   In view of the above, Criminal Application is disposed.




                                                                       [ MILIND N. JADHAV, J. ]

      Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.09.12
              15:02:11 +0530




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