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Bombay High Court

THE EXECUTIVE ENGINEER, MINOR IRRIGATION, SANGLIversusCHANDRAKANT SHANKAR NATIKAR (DEC)THR.LRS.1.1)SAMPATTABAI CHANDRAKANT NATIKAR AND ANR.

Decided
Disposal
Disposed Off

Holding

The court allowed the application, quashed the FIR and charge‑sheet, and imposed costs of Rs.25,000 payable to a charitable organization.

Summary

The applicants filed an application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashment of FIR No.44/2022 and related charge‑sheet for offences under the IPC and the Maharashtra Protection of Interest of Depositors Act, alleging that the dispute had been settled by full payment and a consent affidavit. The court examined the inherent powers under Section 528 (mirroring Section 482 of the CRPC) to prevent abuse of process and considered the Supreme Court’s guidelines in State of Haryana v. Bhajan Lal on quashing FIRs. It held that where the dispute is essentially civil, the offences are not heinous, and the parties consent to quashment, the court may dismiss the criminal proceedings, but may also impose costs to deter misuse of criminal law. Accordingly, the court ordered the FIR and charge‑sheet quashed, directed the applicants to pay Rs.25,000 to a charitable NGO, and disposed of the application and related interim applications.

Issues considered

  • Whether the FIR and charge‑sheet can be quashed on the basis of a settlement and consent of the parties under Section 528 of the BNSS.
  • Whether the offences alleged (IPC 420, 417, 418, 120B and MPID Act sections) are of a nature that permits quashment despite being non‑compoundable.
  • Whether the court may impose costs on the applicants in a consent‑quashment proceeding.
  • Whether the inherent powers under Section 528 (akin to Section 482 CRPC) are applicable in the present case.

Legislation cited

Subjects

  • consent quashment
  • Section 528 BNSS
  • Section 482 CRPC
  • costs in criminal proceedings
  • settlement of civil dispute
  • abuse of process
  • public resources

Judgment

                                                                         91.APL.1174.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                           CRIMINAL APPLICATION NO.1174 OF 2026

              Anil Kumar and Ors.                                    .. Applicants
                         Versus
              The State of Maharashtra and Anr.                      .. Respondents

                                          WITH
                            INTERIM APPLICATION NO.702 OF 2025
                                            IN
                           CRIMINAL APPLICATION NO.1174 OF 2026

              Anil Kumar and Ors.                                    .. Applicants
                         Versus
              The State of Maharashtra                               .. Respondent

                                          WITH
                            INTERIM APPLICATION NO.701 OF 2025
                                            IN
                           CRIMINAL APPLICATION NO.1174 OF 2026

              Anil Kumar and Ors.                                    .. Applicants
                         Versus
              The State of Maharashtra                               .. Respondent
                                      ....................
               Mr. Meghshyam Kochrekar, Advocate i/by Mr. Ameya Lambhate for
                Applicants.
               Mr. Amit Munde, Additional P.P. for Respondent No.1 – State.
               Mr. Maitreya Shukla, Advocate for Respondent No.2.
               PSI – Dinesh Palav, Marine Drive Police Station.
                                           ...................

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

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

              Munde, learned Additional PP for Respondent No.1 – State and Mr.

              Shukla, learned Advocate for Respondent No.2.


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2.       This Application is filed under Section 528 of the Bhartiya

Nagarik Suraksha Sanhita, 2023 in connection with C.R.No.44 of 2022

registered with Marine Drive Police Station for offences punishable

under Sections 420, 417, 418 and 120B of the Indian Penal Code,

1860 and Sections 3 and 4 of the Maharashtra Protection of Interest of

Depositors Act, 1999.


3.       Mr. Shukla, learned Advocate for Respondent No.2 is

permitted to file the Vakalatnama and Registry shall accept the same

within a period of two weeks from today.


4.       The issue and lis qua singular dispute stands resolved by he

having being paid the entire amount and he filing the Consent

Affidavit dated 14.07.2026. The copy of the Affidavit is placed before

me. I have perused the same.


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

malafide motives or to harass the accused person thereby avoiding

procedural harassment. It empowers Court to dismiss FIRs or criminal


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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 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.


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

putting the criminal law into motion on the act of the accused persons

and thereafter both parties seeking quashing of proceedings by

1    1992 AIR 604

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consent, in my opinion, can be cosidered 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

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

humongous pendency which becomes difficult to tackle.

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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 Applicants for their actions resulting

in the complaint 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.25,000/- to a

charity / charitable organization Anand Mangal Bahuuddeshiya

Sanstha. All Applicants are present in Court and through their learned

Advocates agree to pay the aforesaid costs amount to the charity.

11.       I direct payment of costs to Anand Mangal Bahuuddeshiya

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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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               12.               In view of the above matter, the present Petition deserves to

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

               allowed in terms of prayer clauses ‘a1’ which reads thus:-

                                 “(a1) That this Hon’ble Court be pleased to quash and set aside
                                      FIR/44/2010 lodged at Marine Drive Police station and
                                      chargesheet filed. Pending trial before Sessions Court Mumbai by
                                      MPID Spl.Case No.1512 of 2020”


               13.               Needless to state that if any consequential action pursuant to

               the aforesaid filing of the FIR and the charge-sheet has been taken at

               the instance of the Applicant, the same shall stand vacated with the

               passing of this order.


               14.               Advocates in all Applications for Applicants shall remain

               present and show compliance on behalf of all Applicants on the

               returnable date for compliance. If they do 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 Applicants.


               15.               List the Criminal Application for compliance of the order

               regarding payment of costs on 11th September 2026.


               16.               Criminal Application No. 1174 of 2026 is allowed and

               disposed. In view of disposal of Criminal Application, Interim

               Application Nos. 701 of 2025 and 702 of 2025 are accordingly

               disposed.


H. H. SAWANT                                                      [ MILIND N. JADHAV, J. ]
                          Digitally signed
                          by HARSHADA
               HARSHADA   HANUMANT
               HANUMANT   SAWANT
               SAWANT     Date:

                                                                                                7 of 7
                          2026.09.01
                          19:49:50 +0530


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