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Bombay High Court

SURESH KACHRU KURLEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The petition was allowed and the FIR was quashed on the basis of the parties' consent settlement.

Summary

The petitioner, Suresh Kachru Kurle, filed a criminal writ petition challenging FIR No. 101 of 2017 registered at Mahatma Phule Police Station, Kalyan, which alleged offences under multiple sections of the Indian Penal Code. Both parties consented to settle the matter out of court and submitted consent terms, which were recorded by the court. The court examined the consent and, finding the parties in agreement, decided to quash the FIR. Consequently, the petition was allowed, the FIR was set aside, and the petitioner was ordered to pay a cost of Rs.5,000 to Tata Cancer Hospital. The writ petition was thereafter disposed of.

Issues considered

  • Whether an FIR alleging offences under the IPC can be quashed on the basis of a settlement between the petitioner and the complainant.
  • Whether the court may impose a cost order in a criminal writ petition where the matter is settled.

Legislation cited

Subjects

  • consent settlement
  • criminal procedure
  • quash FIR
  • Indian Penal Code
  • cost order
  • Bombay High Court
  • criminal writ petition

Judgment

                                                                                  102-WP-4060-2022 (CR).doc


                            S.S.Kilaje


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL WRIT PETITION NO. 4060 OF 2022

                            Suresh Kachru Kurle                                       … Petitioner
                            VERSUS
                            State Of Maharashtra And Anr.                             … Respondents

                            _________________________________________________________________

                            Mr. Sonu Randive, Advocate for Petitioner.
SONALI
SATISH
         Digitally signed
         by SONALI
         SATISH KILAJE
         Date:
         2026.05.05
                            Ms. Gauri Rao, APP for the Respondent-State.
KILAJE   12:49:15


                            Ms. Swapna Kode (Through VC), Advocate for Respondent No.2.
         +0700




                            _________________________________________________________________

                                                                  CORAM       :   SHIVKUMAR DIGE, J.
                                                                  DATE        :   30th APRIL, 2026.
                            P.C. :

                            1.           Heard learned counsel for the petitioner, learned APP and

                            learned counsel for respondent No.2.

                            2.           Both the learned counsel submit that the matter is settled out of

                            the Court. Both the learned counsel tendered Consent Terms. It is taken

                            on record and marked “X” for identification.

                            3.           The applicant and original complainant i.e. respondent No.2 are

                            present before the Court, this Court enquired with them. They agreed for

                            the consent terms and their signatures on it.

                            4.           In view of above, I pass following order:




                                                              Page 1 of 2
                                                        102-WP-4060-2022 (CR).doc


S.S.Kilaje


                                        ORDER

             (i)     Petition is allowed.

             (ii)    C.R. No. 101 of 2017 registered with Mahatma Phule

                     Police Station, Kalyan, against the petitioner for an

                     offence punishable under Sections 307, 329, 109, 341,

                     326, 324, 323, 504, 506, 143, 148, 149, 427, 34 of Indian

                     Penal Code, 1860 (for short “IPC”) is quashed and set

                     aside.

             (ii)    The petitioner shall pay cost of Rs.5,000/- to TATA

                     Cancer Hospital.

5.             Writ petition is disposed of.



                                                   (SHIVKUMAR DIGE, J.)




                                     Page 2 of 2


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