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Bombay High Court

SURESH JEEVRAJ RAWALversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The High Court allowed the application, quashing FIR No.1114/2025 under Section 528 BNSS, subject to the applicant paying costs of Rs.25,000 to the specified NGO.

Summary

The applicant filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash FIR No.1114 of 2025, which alleged offences under Sections 318(4) and 316(5) of the Bharatiya Nyaya Sanhita. The parties had reached an amicable settlement, evidenced by a Consent Terms document and an Affidavit‑cum‑NOC, and the complainant had already taken possession of the disputed property. The Court examined its inherent power under Section 528 (mirroring Section 482 of the CrPC) and relied on the guidelines from State of Haryana v. Bhajan Lal for quashing FIRs, noting that non‑heinous offences arising from civil or commercial disputes may be set aside. It held that while the FIR could be quashed, costs should be imposed to deter misuse of criminal law and compensate public resources. Consequently, the Court allowed the application, quashed the FIR, and ordered the applicant to pay Rs.25,000 to a charitable NGO, directing compliance by a specified date.

Issues considered

  • Whether the High Court can quash an FIR under Section 528 BNSS on the basis of an amicable settlement between the parties.
  • Whether the offences alleged under Sections 318(4) and 316(5) BNS are non‑heinous and thus amenable to quashment.
  • Whether costs may be imposed on the applicant in a consent‑quashing application to deter abuse of criminal process.
  • The scope and exercise of inherent powers under Section 528 (and analogous Section 482 CrPC) in such circumstances.

Legislation cited

Subjects

  • quashment
  • consent quashing
  • inherent powers
  • Section 528 BNSS
  • Section 482 CrPC
  • settlement
  • costs
  • non‑heinous offence
  • criminal procedure

Judgment

                                                               84.APL.655.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                     CRIMINAL APPLICATION NO. 655 OF 2026

       Suresh Jeevraj Rawal                               .. Applicant
             Versus
       State of Maharashtra and Anr.                      .. Respondents

                                 ....................
        Mr. Shantanu Mishra a/w. Mr. Akshay Shetty (through VC),
         Advocates i/by AVC and Associates for Applicant.
        Mr. Yogesh M. Nakhwa, APP for Respondent No.1 – State.
        Mr. Prathamesh Vhanmane, Advocate for Respondent No.2 – First
         Informant.
                                    ......…...........

                                    CORAM : MILIND N. JADHAV, J.
                                    DATE        : AUGUST 29, 2026.

       P.C.:

       1.        Heard Mr. Mishra, learned Advocate for Applicant; Mr.

       Nakhwa, learned APP for Respondent No.1 – State and Mr. Vhanmane,

       learned Advocate for Respondent No.2 – First Informant.


       2.        This is an Application under Section 528 of the Bharatiya

       Nagarik Suraksha Sanhita, 2023 (BNSS) seeking to quash and set aside

       the First Information Report (FIR)/C.R.No. 1114 of 2025 dated

       18.10.2025 as well as the entire criminal proceedings arising out of the

       said FIR, pending before the Judicial Magistrate First Class, 28 th Court

       at Esplanade, Mumbai which was duly registered with the L.T. Marg

       Police Station at the instance of the First Informant under Sections

       318(4) and 316(5) of the Bharatiya Nyaya Sanhita, 2023.

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3.        The parties have reconciled their disputes and filed necessary

documents. There are two specific documents on record. One is

Consent Terms which are filed in the Court of the Judicial Magistrate

First Class First Class, Esplanade, Mumbai dated 27.10.2025 and the

Affidavit-cum-NOC dated 23.03.2026 in the present Application, copies

of the same are appended at page Nos.26 and 29 of the Application

respectively. It is seen that Applicant has already given possession of

the immovable property situated in Rajasthan to the Complainant and

the Complainant has received it. The joint Consent Terms give primacy

to the said settlement. In that view of the matter, I am inclined to

accept the Affidavit-cum-NOC which is filed by the Complainant and

allow the present Application.


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

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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 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.


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
1    1992 AIR 604

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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 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.




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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 Applicant for his actions 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/- (Rs. Twenty

Five Thousand Only) to Anand Mangal Bahuuddeshiya Sanstha within

a period of one week 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.

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10.       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

                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.



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                                 11.       In view of the above, the present Application deserves to be

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

                                 allowed in terms of prayer clause ‘A’ which reads thus:-

                                           “(A) That this Hon’ble Court be pleased to invoke its inherent powers
                                                and be pleased to quash and set aside the First Information
                                                Report (FIR) bearing No. 1114 of 2025, dated October 18, 2025,
                                                registered with the L.T. Marg Police Station for the alleged
                                                offences under Sections 318(4) and 316(5) of the Bharatiya
                                                Nyaya Sanhita (BNS), 2023, along with all consequential and
                                                subsequent proceedings arising therefrom, in view of the
                                                amicable settlement and the Consent Terms executed between
                                                the parties and placed on record.”


                                 12.       List the Application for compliance of the order regarding

                                 payment of costs on 11th September 2026.


                                 13.       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

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

                                 which shall be noted by the Applicant/parties in Application.


                                 14.       Criminal Application is allowed and disposed.




                                                                               [ MILIND N. JADHAV, J. ]

        Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.09.01
              14:47:16 +0530




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