Bombay High Court
VINAYAK NARAYAN KOLIversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The High Court held that, given the mutual consent of the parties, the criminal proceedings should be quashed and the investigation closed.
Summary
The petitioner, Vinayak Narayan Koli, filed a criminal writ petition seeking quash of FIR No. 1073 of 2025 filed by Sahar Police Station, alleging that both he and the complainant consented to withdraw the proceedings. The complainant submitted an affidavit dated 04.08.2026 confirming consent and stating no grievance between the parties. The Court examined the affidavit, found it credible, and considered the principle that parties may consent to terminate criminal proceedings where permissible. Accordingly, the Court allowed the petition, quashed the FIR, and directed the State to close the investigation. Additionally, the Court ordered payment of Rs.25,000 as costs to a special school for disabled children, and then disposed of the writ petition.
Issues considered
- Can criminal proceedings be quashed on the basis of mutual consent of the accused and the complainant?
- Whether the High Court has jurisdiction to direct closure of an investigation under such circumstances?
- Whether costs may be awarded to a third‑party institution in a criminal writ petition?
Legislation cited
Subjects
- criminal procedure
- quash of FIR
- consent of parties
- writ petition
- closure of investigation
- costs award
- special school
Judgment
73.WP.2015.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2015 OF 2026
Vinayak Narayan Koli .. Petitioner
Versus
State of Maharashtra and Anr. .. Respondents
....................
Mr. Dhananjay Lodha, Advocate i/by Mr. Saurabh Patil for
Petitioner.
Ms. Shilpa G. Talhar, APP for Respondent – State.
Mr. Vinayak Koli, Petitioner is present.
Mr. Rakesh Kumar Singh Yadav, Respondent No.2 – Complainant is
present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 27, 2026.
P.C.:
1. Taken up at the time of rising in view of the exigency
mentioned by the learned Advocates that the Writ Petition is for
quashing of the criminal proceedings by consent of the parties.
2. Heard Mr. Lodha, learned Advocate for Petitioner and Ms.
Talhar, learned APP for Respondent – State.
3. Affidavit on behalf of Respondent No.2 – Complainant giving
consent is placed on record before the Court. It is dated 04.08.2026.
The reasons given in the Affidavit are appended in paragraph Nos.3 to
3 thereof and I have perused the same and there is no reason to
disbelieve the same. I have interacted with the Petitioner – Vinayak
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73.WP.2015.2026.doc
Koli and Respondent No.2 – Complainant who are present in the
Court. They have no grievance with each other.
4. Considering the issue involved in the present case, I am of
the opinion that the present Writ Petition deserves to be allowed so
that the parties can be free to carry on their lives otherwise.
5. The Writ Petition is therefore allowed in terms of prayer
clause ‘A’ which reads thus:-
“A. That this Hon’ble Court be pleased to quash and set aside the
impugned criminal proceedings arising out of and in connection
with the said FIR No. 1073 of 2025 registered by the Sahar Police
Station on 10/10/2025 against the Petitioner and direct the
Respondent to forthwith close investigation into the said criminal
complaint.”
6. In view of the above, I direct payment of costs of Rs.25,000/-
to Petitioner, to be paid to A.K. Munshi Yojana’s J.T. Sheth
Mandbuddhi Vikas Kendra, a Special School imparting education and
training to the needs of 150 special children in the field of Education
(Classes for 6 to 18 years), early intervention (upto 6 years) and
vocational training (18 years above) having its school address and
building at A.K. Munshi Yojana Chowk, 3rd Panjarapole Lane, C.P. Tank,
Mumbai – 400 004 [Contact Nos. 22425513 / 22423654] registered
under the Society Registration Act, XXI of 1980 under No. : 387/81
GBBSD and the Public Trust Act, XXIX of 1950 under No. F-6809. RCI
Reg. No. 0163 within a period of one week from today. Receipt of
payment of costs shall be placed before the Court for compliance.
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7. In view of the above, Writ Petition is disposed.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.08.28
15:04:17 +0530
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