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Bombay High Court

DEEPAK ANANDRAO MORE AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The High Court quashed the FIR and the criminal proceeding under Section 304‑A read with Section 34 IPC.

Summary

The petitioners were involved in a factory accident for which they paid statutory compensation and later executed a memorandum of understanding with the victim's family regarding further compensation. The victim’s first informant consented to the settlement, and the parties sought to quash the FIR (CR No. 0242/2021) and a criminal proceeding (S.C.C. No. 648 of 2021) filed under Section 304‑A read with Section 34 of the IPC. The High Court examined its inherent powers under Section 482 of the Criminal Procedure Code, 1973 and the analogous Section 528 of the BNSS, referring to the guidelines laid down in State of Haryana v. Bhajan Lal. It held that, given the settlement and absence of any prima facie case, the proceedings were an abuse of process and could be dismissed. Consequently, the Court quashed both the FIR and the pending criminal case, ordering no costs.

Issues considered

  • Whether the FIR and the criminal proceeding under Section 304‑A IPC can be quashed on the ground of settlement and payment of compensation.
  • Whether the High Court can exercise its inherent powers under Section 482 CRPC (and Section 528 BNSS) to prevent abuse of process in a non‑compoundable offence.
  • Whether the settlement extinguishes criminal liability for an offence punishable under Section 304‑A read with Section 34 IPC.

Legislation cited

Subjects

  • Criminal Procedure
  • Inherent Powers
  • Section 482 CRPC
  • Quashment of FIR
  • Compensation Settlement
  • 304-A IPC
  • Abuse of Process

Judgment

                                                                   61.WP.4243.2021.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL WRIT PETITION NO. 4243 OF 2021

       Deepak Anandrao More and Anr.                          .. Petitioners
             Versus
       State of Maharashtra and Anr.                          .. Respondents

                                  ....................
        Mr. Chetan Arvind Alai a/w. Mr. Varun Rajiv Joshi, Advocates
         through video conferencing for Petitioners.
        Ms. Shilpa G. Talhar, APP for Respondent – State.
        API – Mr. Ganpat Dhaygude, Chakan South Police Station present.
                                    ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 18, 2026.

       P.C.:

       1.       Heard Mr. Alai, learned Advocate for Petitioners and Ms.

       Talhar, learned APP for Respondent – State.


       2.       The parties have reconciled their disputes and differences

       and have executed an MOU with regard to the payment of

       compensation. The incident in question was an accident that occurred

       in the factory of the Petitioners and all statutory compensation has

       been duly paid by them.


       3.       The    consent   affidavit    of    the   First   Informant    dated

       11.04.2022 is placed at Page No.127 of the Petition. I have perused the

       same. Today, she is present through video conferencing and has

       accepted the said settlement between the parties.

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                                                        61.WP.4243.2021.doc


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 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 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

1    1992 AIR 604

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                                                                                           61.WP.4243.2021.doc


                              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 that view of the matter, there can be no impediment in

                              allowing the present Writ Petition. Writ Petition stands allowed in

                              terms of prayer clauses ‘a’ and ‘b’ which read thus:-

                                        “a) this Hon’ble Court be pleased to quash the F.I.R. bearing
                                            C.R. No.0242/2021 which is registered at the instance of
                                            Chakan Police Station, on behest of Respondent no.2,
                                            against the Petitioners for the offence punishable under
                                            section 304-A read with 34 of Indian Penal Code, 1860 on
                                            such terms and conditions as this Hon’ble Court may deem
                                            fit and proper.
                                        b)   this Hon’ble Court be pleased to quash the criminal
                                             proceeding being S.C.C. No. 648 of 2021 pending before
                                             the Ld. J.M.F.C. Rajgurunagar Khed, Pune, against the
                                             Petitioners for the offence punishable under section 304-A
                                             read with 34 of IPC.”


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


                              8.        However, there shall be no order as to costs.



                                                                            [ MILIND N. JADHAV, J. ]

       Ajay
           Digitally signed
           by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date:
           2026.09.19
           13:16:16 +0530




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