Created by Fuzzy Cloud

Bombay High Court

ANKIT HARENDRA KUMAR GOSALIAversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The consent‑quashing application is allowed, the proceedings are quashed, and the applicant is ordered to pay costs.

Summary

The applicant and the complainant, both bullion traders, settled a commercial dispute involving Rs.6.52 crore and sought to have the criminal proceedings initiated in 2019 quashed by consent. The complainant filed an affidavit of consent, and the court considered the applicability of its inherent powers under Section 482 of the Criminal Procedure Code and Section 528 of the BNSS to quash the FIR for offences under Sections 409 and 420 read with Section 34 of the IPC. Citing the Supreme Court’s guidelines in State of Haryana v. Bhajan Lal, the court held that non‑heinous offences arising from civil or commercial disputes may be quashed if it serves the interests of justice. The court allowed the consent quashing application, ordered the applicant to pay costs of Rs.25,000 to the Bar Council’s Advocate Aid Fund, and disposed of the application.

Issues considered

  • Whether a criminal proceeding for offences under Sections 409, 420 and 34 IPC can be quashed by consent under Section 482 CRPC/Section 528 BNSS.
  • Whether the court may impose costs on the applicant in a consent‑quashing matter.

Legislation cited

Subjects

  • consent quashing
  • Section 482 CRPC
  • Section 528 BNSS
  • cheating
  • criminal breach of trust
  • costs order
  • commercial dispute settlement
  • high court inherent powers

Judgment

                                                             145.APL.1730.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL APPLICATION NO. 1730 OF 2026

       Ankit Harendra Kumar Gosalia                     .. Applicant
             Versus
       State of Maharashtra and Anr.                    .. Respondents
                                   ....................
        Mr. P.K. Sanghrajka, Advocate i/by Rajeev Sawant & Associates for
          Applicant.
        Ms. Gauri S. Rao, APP for Respondent No.1 – State.
        Ms. Reeti Upadhyay a/w. Ms. Archismati Chandramore, Vaazishta
         Pardiwala, Ms. Srusthi Dhawale, Advocates for Respondent No.2.
                                    ......…...........
                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 11, 2026.
       P.C.:
       1.        Heard Mr. Sanghrajka, learned Advocate for Applicant; Ms.

       Rao, learned APP for Respondent No.1 – State and Ms. Upadhyay,

       learned Advocate for Respondent No.2.


       2.        The parties are both before me. Applicant appears online on

       VC whereas the Complainant is physically present in Court. They both

       are engaged in the business of trading bullion and marketing jewellry

       and have deep roots in India as well as extended family living in India.

       Due to a dispute between them with regard to business transactions an

       amount of Rs.6.52 crores remaining unpaid and therefore the present

       complaint came to be filed in the year 2019.


       3.        Both parties have now reconciled their lis and exchanged

       money and are now desirous of putting an end to the criminal


                                                                           1 of 6
                                                      145.APL.1730.2026.doc


proceedings and prosecution because it affects their business prospects

as well as their livelihood. Affidavit of consent is filed by Respondent

No.2 - Complainant which prima facie states that the parties have

known each other otherwise for a very long time and belong to the

same community and have had dealings with regard to their business

with each other.


4.        The Complainant states that Section 138 of proceedings were

also initiated with regard to the present issue and now since a

compromise and amicable settlement has occurred, those proceedings

have been withdrawn. He therefore desires to withdraw the present

proceedings. His consent Affidavit dated 11.09.2026 is taken on

record. After having interacted with both the parties and after hearing

the submissions of the learned Advocates, in view of the request made

and in view of the nature of the dispute, I am inclined to accept the

request made and allow the Application.


5.        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



                                                                    2 of 6
                                                            145.APL.1730.2026.doc


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.


6.              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,

rape, and dacoity cannot ordinarily be quashed even after settlement

because they involve societal implication.


7.              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
1    1992 AIR 604



                                                                          3 of 6
                                                     145.APL.1730.2026.doc


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”.


8.       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 consent quashing is

allowed such judicial time stands completely wasted, which could have

otherwise been used for genuine Trial Court matters/ litigation in one

                                                                   4 of 6
                                                        145.APL.1730.2026.doc


way such matters result in clogging the legal system and lead to

humongous pendency which becomes difficult to tackle.


9.        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.


10.       Applying the aforesaid principles to the facts of the present

case, I am of the opinion that the Applicant for his action resulting in

the complainant invoking criminal proceedings and now both the

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

Hence, Applicant is directed to pay costs of Rs.25,000/- to Account

Name: Bar Council of Maharashtra and Goa Advocate Aid Fund; Bank



                                                                      5 of 6
                                                                                            145.APL.1730.2026.doc


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

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

                              Account: Savings Account.          Applicant is present through VC and

                              through his learned Advocate agrees to pay the aforesaid costs amount

                              as directed.


                              11.       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 clauses ‘a’ and ‘b’ which

                              read thus:-

                                        “a)   quash the proceedings of C.R. No. 77 of 2019 registered with
                                              the Economic Offence Wing, Unit-I, Mumbai (originally C.R.
                                              No. 275 of 2019 registered with N.M. Joshi Marg Police
                                              Station), for the offences punishable under Sections 409 and
                                              420 read with Section 34 of the Indian Penal Code, 1860,
                                              including the police report filed in pursuance thereof vide
                                              C.C. No. 421/PW/2024 pending before the Ld. Additional
                                              Chief Judicial Magistrate, 47 th Court, Esplanade, Mumbai,
                                              and all proceedings arising therefrom, on such terms and
                                              conditions as this Hon’ble Court deems fit and just;
                                        b)    quash and set aside the Look Out Circular and any Red
                                              Corner Notice issued against the Applicant arising from C.R.
                                              No. 77 of 2019 registered with the Economic Offences Wing,
                                              Unit-I, Mumbai (originally C.R. No. 275 of 2019 registered
                                              with N.M. Joshi Marg Police Station), for the offences
                                              punishable under Sections 409 and 420 read with Section 34
                                              of the Indian Penal Code, 1860, together with the consequent
                                              criminal case No. 421/PW/2024 pending before the Ld.
                                              Additional Chief Judicial Magistrate, 47 th Court, Esplanade,
                                              Mumbai, on such terms and conditions as this Hon’ble Court
                                              deems fit and just.”


                              12.       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
           18:19:43 +0530



                                                                                                              6 of 6


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.