Created by Fuzzy Cloud

Bombay High Court

VIJAYENDRA GIRISH SHASTRIversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The High Court quashed the criminal proceedings and ordered the petitioner to pay costs of Rs.10,000.

Summary

The petitioner sought quashing of criminal proceedings (S.C.C. No.13465 of 2026) arising from FIR No.0523/2025 for offences under the Bharatiya Nyaya Sanhita and the Motor Vehicles Act. The parties had resolved the underlying motor‑accident dispute through a settlement dated 23 June 2026, with full payment of Rs.11 lakh made to the respondents. The respondents filed an affidavit stating they had no further grievance and requested the criminal case be dismissed. The High Court examined its inherent power under Section 528 of the Bharatiya Nagrik Suraksha Sanhita (mirroring Section 482 of the CrPC) and the precedent set in State of Haryana v. Bhajan Lal, concluding that consent quashing is permissible where the dispute is private and the offences are not heinous. The Court allowed the petition, quashed the criminal proceedings, and imposed costs of Rs.10,000 on the petitioner to deter misuse of criminal law.

Issues considered

  • Whether the High Court can quash criminal proceedings on the basis of a settlement between the parties for offences under Sections 281, 125(b) of the Bharatiya Nyaya Sanhita and Sections 184, 134, 119, 177 of the Motor Vehicles Act.
  • Whether Section 528 of the Bharatiya Nagrik Suraksha Sanhita empowers the Court to dismiss the FIR in a consent‑quashing scenario.
  • Whether costs should be imposed on the petitioner in a consent‑quashing order.

Legislation cited

Subjects

  • consent quashing
  • Section 528
  • Section 482
  • motor accident settlement
  • costs in criminal proceedings
  • inherent jurisdiction
  • criminal law abuse
  • Motor Vehicles Act

Judgment

                                                                 8.WP.3886.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL WRIT PETITION NO. 3886 OF 2026

       Vijayendra Girish Shastri                           .. Petitioner
             Versus
       State of Maharashtra and Ors.                       .. Respondents

                                   ....................
        Mr. Dormaan J. Dalal a/w. Shirley Mody and Mr. Shreyas Deore,
         Advocates for Petitioner.
        Ms. Anuja S. Gotad, APP for Respondent No.1 – State.
        Mr. Irvin D’Souza a/w. Mr. Omkar Wani and Mr. Sachin Prithviraj
         Kharat, Advocates for Respondent Nos.2 and 3.
        Ms. Gayatri Amar Khandagale, Respondent No.3 is present.
                                     ......…...........

                                    CORAM : MILIND N. JADHAV, J.
                                    DATE         : AUGUST 27, 2026.

       P.C.:

       1.        Heard Mr. Dalal, learned Advocate for Petitioner; Ms. Gotad,

       learned APP for Respondent No.1 – State and Mr. D’Souza, learned

       Advocate for Respondent Nos.2 and 3.


       2.        Present Writ Petition is filed for quashing and setting aside of

       the criminal proceedings in S.C.C. No.13465 of 2026 pending on the

       file of the 13th Joint Civil Judge Junior Division and Judicial Magistrate

       First Class, Pune arising out of First Information Report (for short

       ‘FIR’) No. 0523 of 2025 registered with Sahakar Nagar Police Station

       for offences punishable under the provisions of Sections 281 and

       125(b) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and


                                                                            1 of 8
                                                         8.WP.3886.2026.doc


Sections 184, 134, 119 and 177 of the Motor Vehicles Act, 1988. This

is a case of consent quashing between the parties.


3.          Mr. Dalal, learned Advocate for the Petitioner would submit

that the Petitioner is arrayed as accused in the criminal proceedings by

Respondent Nos.2 and 3. Respondent No.3 is the Power of Attorney

holder and sister of Respondent No.2 who instituted proceedings

before   the    Motor   Accidents   Claims   Tribunal,   Pune     seeking

compensation in respect of injuries allegedly sustained by him in an

accident.


3.1.        He would submit that during the pendency of the said

proceedings, parties have amicably resolved all their disputes in terms

of terms of settlement dated 23.06.2026. He would submit and draw

Court’s attention to the terms of settlement appended at Exhibit 'B' and

the subsequent order dated 23.06.2026 passed by the Motor Accident

Claims Tribunal, Pune disposing of the MACP Proceeding No.217 of

2026 as settled in terms of the compromise entered into by the parties.


3.2.        He would submit that the said compromise records payment

of an amount of Rs.11,00,000/- (Rupees Eleven Lakhs Only) out of

which Rs.4,00,000/- (Rupees Four Lakhs Only) was agreed to be

handed over to Respondent Nos.2 and 3 on the date of passing of the

order before the Tribunal. He would submit that the balance amount of

Rs.7,00,000/- (Rupees Seven Lakhs Only) is now paid to Respondent


                                                                    2 of 8
                                                        8.WP.3886.2026.doc


Nos.2 and 3 by Demand Draft No.3848 dated 03.08.2026 as agreed,

original of which is handed over to Respondent No.3 present in Court

and copy of which is placed on record and for immediate reference, the

same is scanned and reproduced below:-




4.        In that view of the matter, Respondent Nos.2 and 3 have

filed Affidavit dated 20.08.2026 which is appended at Exhibit 'B' of the

Petition. In the said Affidavit, Respondent Nos.2 and 3 have stated

                                                                   3 of 8
                                                        8.WP.3886.2026.doc


that pursuant to terms of settlement dated 23.06.2026, dispute

between the parties has been amicably settled and they do not have

any grievances or any further claim against the Petitioner and they do

not wish to prosecute the criminal proceedings as also any other

proceedings against the Petitioner qua the accident in question. The

said statement is made in paragraph Nos.8 and 9 of the said Affidavit.

I have perused the same. Respondent No.3 is present in Court. I have

interacted with her through Advocate in the Court. The Demand Draft

of Rs.7,00,000/- (Rupees Seven Lakhs Only) has been handed over to

Respondent No.3 and she informs the Court that they have no

grievances whatsoever and agree for quashing of the criminal

proceedings.


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

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

                                                                   4 of 8
                                                            8.WP.3886.2026.doc


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

consent, in my opinion, can be considered by Court which can impose

costs on the parties, especially so in matters coming before the Court
1    1992 AIR 604

                                                                       5 of 8
                                                        8.WP.3886.2026.doc


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.




                                                                   6 of 8
                                                           8.WP.3886.2026.doc


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 Petitioner for his actions resulting in

the complaint invoking criminal proceedings and now both the parties

seeking quashing by consent, the Petitioner should pay costs. Hence,

Petitioner is directed to pay costs of Rs.10,000/- (Ten Thousand

Rupees Only) to the Kirtikar Law Library, High Court, Mumbai within a

period of one week from the date of uploading of this order. Petitioner

is present in Court and through his learned Advocate agree to pay the

aforesaid costs amount to the charity.

                                                                      7 of 8
                                                                                                8.WP.3886.2026.doc


                                 11.       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 clause ‘A’ which read thus:-


                                           “[A] That this Hon’ble Court be pleased to issue a writ
                                                mandamus or writ in the nature of mandamus or any
                                                other appropriate writ, direction or order under Article
                                                226 of the Constitution of India, 1950, and read with
                                                Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023
                                                quashing and setting aside the criminal proceedings being
                                                S.C.C. No. 13465 of 2026 pending on the file of the 13 th
                                                Joint Civil Judge J.D. and JMFC Pune arising out of F.I.R.
                                                bearing No. 0523 of 2025 registered with Sahakarnagar
                                                Police Station for offences punishable under the provisions
                                                of Sections 281 and 125(b) of the Bharatiya Nyaya
                                                Sanhita, 2023 and Sections 184, 134, 119 and 177 of the
                                                Motor Vehicles Act, 1988 in the interest of justice.”


                                 12.       List the Writ Petition for compliance of the order regarding

                                 payment of costs on 10th September 2026.


                                 13.       Advocate for Petitioner shall remain present and show

                                 compliance on behalf of Petitioner on the returnable date for

                                 compliance. If he does 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 Petitioner/parties in Petition.


                                 14.       Writ Petition is allowed and disposed.



                                                                               [ MILIND N. JADHAV, J. ]

       Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.09.01
              14:49:19 +0530




                                                                                                              8 of 8


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.