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Bombay High Court

ZOHRA SHAKIR KHANIAversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The petition for consent quashing is allowed, and both parties are ordered to pay costs of Rs.10,000 each.

Summary

The petitioner, Zohra Shakir Khania, and the complainant (respondent No.2) settled a personal dispute arising from a relationship with the complainant's son and jointly sought consent quashing of FIR No. 262/2018 and related criminal proceedings. The High Court examined its inherent powers under Section 482 of the Criminal Procedure Code and Section 528 of the BNSS, referencing the Supreme Court's guidelines in State of Haryana v. Bhajan Lal for quashing FIRs. The Court noted that while non‑heinous offences may be quashed on settlement, costs may be imposed to deter misuse of criminal law. Applying these principles, the Court allowed the petition for consent quashing and directed both parties to pay Rs.10,000 each to a charitable trust. The writ petition was subsequently disposed.

Issues considered

  • Whether the petition for consent quashing of the FIR and related criminal proceedings should be granted.
  • Whether costs should be imposed on the parties in a consent quashing matter.

Legislation cited

Subjects

  • consent quashing
  • Section 482 CRPC
  • non‑heinous offence
  • costs in criminal proceedings
  • settlement of disputes
  • abuse of process

Judgment

                                                              41.WP.3324.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL WRIT PETITION NO. 3324 OF 2026

       Zohra Shakir Khania                              .. Petitioner
             Versus
       State of Maharashtra and Anr.                    .. Respondents
                                   ....................
        Ms. Gayatri Gokhale, Advocate for Petitioner.
        Ms. Sangeeta E. Phad, APP for Respondent – State.
        Ms. Zainba Abdi, Advocate i/by Ms. Sneha Jethna for Respondent
         No.2.
                                    ......…...........
                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 17, 2026.

       P.C.:

       1.       Heard Ms. Gokhale, learned Advocate for Petitioner; Ms.

       Phad, learned APP for Respondent – State and Ms. Abdi, learned

       Advocate for Respondent No.2.


       2.       Both the parties are present in Court and consent Affidavit of

       the Complainant - Respondent No.2 is filed which is appended at

       Exhibit ‘C’ - page No.68 of the Petition. I have perused the same. The

       dispute arose out of a relationship between the Petitioner and the

       Complainant's son and the parties with the intervention of well-wishers

       have amicably settled their disputes and differences and have desired

       to move ahead in life. They have requested the Court for consent

       quashing. On perusal of the Affidavit of consent at page No.68 and the

       request by the learned Advocate, the Petition Stands allowed.

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3.           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

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.


4.           In State of Harayana vs Bhajan Lal 1 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

1    1992 AIR 604

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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.


5.        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

by “consent quashing”.


6.        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,



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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.


7.        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

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at large while considering consent quashing.


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

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

the complainant invoking criminal proceedings and now both the

parties seeking quashing by consent, in the facts of the present case the

Petitioner and Respondent No.2 – Complainant both should pay costs.

Hence, both Petitioner and Respondent No.2 - Complainant are

directed to pay costs of Rs.10,000/- each towards the Corpus of A.K.

Munshi Yojana a trust which runs medical centres, vocational training

centres and which also runs a Special School called J.T. Sheth

Mandbuddhi Vikas Kendra, 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.

Parties are present in Court and through their learned Advocates agree

to pay the aforesaid costs amount as directed.


9.        In this view of the above, both the learned Advocates



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                               persuade the Court to allow the Petition by consent quashing. The

                               Petition stands allowed in terms of prayer clauses (a) and (b) which

                               read thus:-

                                         “(a) That this Hon’ble Court be pleased to quash and set aside
                                              the FIR bearing no. C.R. No. 262/2018 registered with
                                              D.N. Nagar Police Station, Mumbai, as well as Case No.
                                              PW/1500/2023, along with the cognizance order dated
                                              01.12.2023 passed by the Learned JMFC, 10 th Court at
                                              Andheri, Mumbai, for the alleged offences punishable
                                              under Sections 452, 427, 323, 504, 506 read with Section
                                              34 of the Indian Penal Code, 1860 against the Petitioner
                                              and any other application arising therefrom and incidental
                                              thereto on such terms and conditions as this Hon’ble Court
                                              may deem fit to grant in the circumstances of the case.
                                         (b)   That this Hon’ble Court be pleased to quash and set aside
                                               all matters / applications arising out of F.I.R. No.
                                               262/2018 and CC No. PW/1500/2023 and Cognizance
                                               order dated 01.12.2023, and incidental thereto.”


                               10.       List the Writ Petition on board for compliance on 5th October

                               2026.


                               11.       In view of the above, Writ Petition is disposed.



                                                                             [ MILIND N. JADHAV, J. ]

     Ajay
            Digitally signed
            by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date:
            2026.09.18
            10:21:54 +0530




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