PRASHANT PRAKASH PATILversusTHE STATE OF MAHARASHTRA AND ANR

                                                                     82. CRI WP-3876-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                               WRIT PETITION NO. 3876 OF 2026

           Prashant Prakash Patil                             .. Petitioner
                      Versus
           The State of Maharashtra & Anr.                    .. Respondents
                                         ....................
            Mr. Mahesh Vishwakarma a/w Ms. Deepa Bhardvaj i/by Ms. Megha
              Jain, Advocates for Petitioner
            Mr. Suyash Sule, Advocate for Respondent No. 2
            Ms. Punam Patil, API, Panvel City Police Station, New Mumbai
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 18, 2026
           P. C.:

           1.       Heard Mr. Vishwakarma, learned Advocate for Petitioner and

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


           2.       Present Criminal Writ Petition is filed under Article 226 of the

           Constitution of India read with Section 528 of the Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking to quash and set aside FIR No. 49 of

           2026 registered on 19.01.2026 with Panvel City Police Station, Navi

           Mumbai for the offences punishable under Sections 318(4), 336 and

           338 of the Bharatiya Nyaya Sanhita, 2023.


           3.       The father and the son have reconciled their dispute. They are

           present before the Court. Without delineating anything on merits, the




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parties desire consent quashing and request the Court to do so. In

view thereof, I am inclined to allow the present Petition.


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

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

1    1992 AIR 604

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           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 view of the above matter, the present Petition is allowed in

           terms of prayer clauses (a) to (c) which reads thus:-

                             “a)    Issue an appropriate writ, order or direction and thereby quash
                                    and set aside FIR No. 49 of 2026 registered on 19.01.2026 with
                                    Panvel City Police Station, Navi Mumbai for the offences
                                    punishable under Sections 318(4), 336 and 338 of the Bharatiya
                                    Nyaya Sanhita, 2023;
                             b)     Issue an appropriate writ, order or direction thereby quash and
                                    set aside Charge Sheet No. 145/2026 dated 09.04.2026 filed
                                    pursuant to the aforesaid FIR together with Regular Criminal
                                    Case No. 418 of 2026 pending before the Ld. Judicial Magistrate
                                    First Class, Panvel and all such other proceedings arising
                                    therefrom;
                             c)     In the event cognizance has already been taken in the matter by
                                    the Ld. Judicial Magistrate First Class, Panvel, be pleased to
                                    quash and set aside the order taking cognizance/process issued in
                                    the aforesaid Regular Criminal Case."

           7.          Petition is allowed and disposed.



Amberkar                                                      [ MILIND N. JADHAV, J. ]
                       Digitally
                       signed by
                       RAVINDRA
            RAVINDRA   MOHAN
            MOHAN      AMBERKAR
            AMBERKAR   Date:
                       2026.09.19
                       14:53:28
                       +0530




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