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Bombay High Court

MOHAMMED KAIF MOHAMMED YUSUF SHAIKHversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The High Court quashed FIR No. 73/2026 and the charge sheet, allowed the writ petitions, and ordered each petitioner to pay Rs 5,000 to a charitable institution.

Summary

The Bombay High Court heard two criminal writ petitions filed by a group of young offenders who were accused of causing grievous hurt in a parking dispute that escalated into a fight involving iron rods and bamboo sticks. Both the petitioners and the state agreed that the incident was a private dispute and sought quashing of the FIR (No. 73/2026) and charge sheet under Section 482 of the Criminal Procedure Code, 1973 and Section 528 of the BNSS. The Court, relying on the principles laid down in State of Haryana v. Bhajan Lal, held that the offence was not heinous and that quashing would serve the ends of justice. It ordered the FIR and charge sheet to be set aside and directed each petitioner to pay a cost of Rs 5,000 to a charitable special school. The petitions were allowed and the proceedings disposed of, subject to compliance with the cost order.

Issues considered

  • Whether the FIR and charge sheet for grievous hurt arising from a private parking dispute can be quashed under Section 482 of the CrPC and Section 528 of the BNSS.
  • Whether consent quashing is permissible for a non‑heinous offence.
  • Whether the Court may impose costs on petitioners in a consent‑quashing order.

Legislation cited

Subjects

  • quashing of FIR
  • Section 482
  • Section 528
  • grievous hurt
  • consent quashing
  • costs order
  • young offenders
  • parking dispute
  • inherent powers of High Court

Judgment

                                                              80.WP.2467.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL WRIT PETITION NO. 2467 OF 2026

       Mohammed Kaif Mohammed Yusuf Shaikh and
       Ors.                                    .. Petitioners
             Versus
       State of Maharashtra and Anr.           .. Respondents

                                  WITH
                  CRIMINAL WRIT PETITION NO. 2469 OF 2026

       Abdul Gani Khan and Ors.                          .. Petitioners
             Versus
       State of Maharashtra and Anr.                     .. Respondents

                                 ....................
        Ms. Afreen Shaikh, Advocate for Petitioners in both Writ Petitions.
        Ms. Gauri S. Rao, APP for Respondent – State.
        Mr. Ruhi Singh, Advocate i/by Arihant Associate for Respondent
         No.2.
        PSI – B.L. Mahagaonkar, RAK Marg Police Station present.
                                   ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE        : AUGUST 31, 2026.

       P.C.:

       1.       Heard Ms. Shaikh, learned Advocate for Petitioners in both

       the Writ Petitions; Ms. Rao, learned APP for Respondent – State and

       Mr. Singh, learned Advocate for Respondent No.2.


       2.       This is a group of two Writ Petitions which are being

       disposed of by this common order. Criminal Writ Petition No.2467 of

       2026 is listed at Sr. No.80 today. Insofar as Criminal Writ Petition



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No.2469 of 2026 is concerned, learned Advocates inform the Court

that the matter was listed on Saturday, but the same has now been

adjourned to tomorrow. By consent of the parties, Criminal Writ

Petition No.2469 of 2026 is taken on board forthwith.


3.        There are six Petitioners in Criminal Writ Petition No.2467 of

2026, whereas there are eight Petitioners in Criminal Writ Petition

No.2469 of 2026. The parties are the Complainants in their respective

Petitions. Thus, this is a case of cross-complaints by the parties against

each other. The charge against the parties is for causing grievous hurt.

The incident in question arose on account of a parking dispute between

the parties residing in Pathan Chawl compound in Wadala, Mumbai.


4.        Most of the Petitioners are young offenders and therefore

both the learned Advocates persuade the Court to consider allowing

the present Petitions so that the Petitioners can lead meaningful and

good lives in society without the ignominy of a pending criminal

proceeding of this nature.


5.        Both the learned Advocates jointly submit that the incident

in question occurred due to a parking dispute involving motorcycles

between the parties and unfortunately escalated to such an extent that

the parties started attacking each other with whatever came into their

hands. The weapons in question were an iron rod and bamboo sticks

which were lying around. I have perused the papers with the able


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assistance of the learned Advocates and the learned APP. I am inclined

to accept the submissions made by both the learned Advocates for the

Petitioners in both the Criminal Writ Petitions and dispose of the same.


6.        The Court should adequately give a chance to young

offenders who, on the spur of the moment, sometimes get caught in

the crosswinds of such an unfortunate incident which, unfortunately,

escalated into a full-blown fight. All the Petitioners are present before

the Court. I have interacted with all the Petitioners who are present in

Court. Almost all the Petitioners are young, save and except one or two

of them who appear to be elderly and may have intervened to de-

escalate the fight between the two groups.


7.        What I find is that in such a situation, the Court has to step

in. Hence, I am inclined to accept the submissions made by the learned

Advocates and allow both the Criminal Writ Petitions and quash the

criminal proceedings pending against the Petitioners in question.


8.        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


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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.


9.           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.


10.          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

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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”.


11.      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

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

humongous pendency which becomes difficult to tackle.


12.       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.


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

case, I am of the opinion that the Petitioners for their actions resulting

in the complainant invoking criminal proceedings and now both the

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

Hence, 6 Petitioners in Writ Petition No.2467 of 2026 and 8 Petitioners

in Writ Petition No.2469 of 2026 are directed to pay costs of



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Rs.5,000/- (Rs. Five Thousand only) each 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 two weeks from the date

of uploading of this order.     All Petitioners are present in Court and

through their learned Advocates agree to pay the aforesaid costs

amount to the charity.


14.       In view of the above, Writ Petition No.2467 of 2026 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. Quash and set aside FIR No. 73/2026 registered with RAK
               Marg Police Station, Mumbai and chargeasheet against all
               accused.”


15.       In view of the above, Writ Petition No.2469 of 2026 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. Quash and set aside FIR No. 73/2026 registered with RAK
               Marg Police Station, Mumbai and chargeasheet against all


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                                               accused.”


                              16.       It     is   clarified   that   C.C.   Nos.853/PW/2026        and

                              855/PW/20263 in both the aforesaid proceedings are also quashed

                              and set aside.


                              17.       List both the Writ Petitions for compliance of the order

                              regarding payment of costs on 15th September 2026. Advocates in

                              both Petitions for Petitioners shall remain present and show

                              compliance on behalf of all Petitioners 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 Petitioners/parties in both Petitions.


                              18.       Both Writ Petitions are allowed and disposed.



                                                                          [ MILIND N. JADHAV, J. ]

       Ajay
           Digitally signed
           by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date:
           2026.09.01
           10:54:00 +0530




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