Bombay High Court

AJAY LAXMAN BHOIR AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided: 18 September 2026
Disposal: Disposed Off

Holding

The Court held that, on the basis of the parties’ consent affidavits and settlement, the FIRs and pending criminal proceedings could be quashed under the inherent powers of the High Court under Section 482 CrPC/Section 528 BNSS as they did not constitute a prima facie case and their continuation would be an abuse of process.

Summary

The Bombay High Court entertained two writ petitions filed by Ajay Laxman Bhoir and Yash Milind Mhatre seeking quashing of FIRs and related criminal proceedings arising from a parking‑space dispute that escalated into mutual complaints. The parties had reconciled and submitted consent affidavits indicating that the proceedings were a hindrance to their business prospects. Relying on the inherent powers of the High Court under Section 482 of the Criminal Procedure Code (now mirrored by Section 528 of the Bharatiya Nyaya Sanhita) and the Supreme Court’s guidelines in State of Haryana v. Bhajan Lal, the Court examined whether the FIRs could be set aside in the interest of justice. It held that, given the settlement and lack of a prima facie case, the continuation of the criminal process would amount to an abuse of process. Consequently, the Court quashed both FIRs and the pending charge‑sheets and disposed of the petitions.

Issues considered

Whether FIRs arising from a private dispute can be quashed on the basis of mutual settlement and consent affidavits under Section 482 CrPC/Section 528 BNSS.
Whether the offences alleged (including sections 115(2), 118(1), 118(2), 351(2), 352, 324(4) of the BNSS) are compoundable or can be dismissed despite being non‑compoundable.
Whether quashing the FIRs would serve the ends of justice and prevent abuse of the judicial process.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 118(2), 324(4), 351(2), 352, 528
Code of Criminal Procedure, 1973 — s. 482

Subjects

quash FIR
Section 482 CrPC
Section 528 BNSS
settlement
consent affidavit
inherent powers of High Court
abuse of process
non‑compoundable offences

Judgment

92. CRI WP-4601-26 & 4602-26.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 4601 OF 2026

Ajay Laxman Bhoir & Ors. .. Petitioners
Versus
State of Maharashtra & Anr. .. Respondents

WITH
WRIT PETITION NO. 4602 OF 2026

Yash Milind Mhatre & Anr. .. Petitioners
Versus
State of Maharashtra & Anr. .. Respondents
....................
 Mr. Abhijeet Sawant, Advocate for Petitioners in WP 4601/2026
 Mr. Prashant Pawar a/w Mr. Tushar Gerewal, Advocates for
Petitioners in WP 4602/2026
 Ms. Shilpa G. Talhar, APP for State
 Mr. J.N. Jadhav, PSI, Kelwa Sagari Police Station
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 18, 2026
P. C.:

1. Heard learned Advocates appearing for the parties.

2. The present Petitions are filed seeking quashing and setting

aside of the FIRs and the consequential proceedings arising therefrom.

3. The parties have reconciled their dispute which emanated from

a scuffle between them due to parking space disagreement of their

respective cars due to which cross complaints came to be filed. All

parties have deep roots in Society. They have requested the Court to

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92. CRI WP-4601-26 & 4602-26.odt

allow the Petitions since the criminal proceedings are a hindrance to

their future prospectus and business.

4. Consent affidavits dated 02.09.2026 filed by the Complainants

are taken on record. In view of the request made by the parties for

consent quashing, I am inclined to allow both the Petitions.

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

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

1 1992 AIR 604

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92. CRI WP-4601-26 & 4602-26.odt

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 view of the above, both Petitions are allowed in terms of

prayer clause (a) which read thus:-

CRIMINAL WRIT PETITION No. 4601 of 2026:-

“a. This Hon'ble Court be pleased to quash and set aside the FIR No.
79 of 2025 registered by the Respondent No. Kelwa Sagari Police
Station, District Palghar under Sections 118(1), 115(2), 352 and
324 (4) of the Bharatiya Nyaya Sanhita, 2023 and the Charge-
Sheet filed under section 118(1), 115(2), 352 and 324 (4) r/w
section 3(5) of the Bhartiya Nyaya Sanhita, 2023 which is
numbered as Regular Criminal Case No. 99 of 2026 which is
pending in the file of Ld. Judicial Magistrate, First Class, Palghar
against the Petitioners.;

CRIMINAL WRIT PETITION No. 4602 of 2026:-

“a. This Hon'ble Court be pleased to quash and set aside the FIR No.
78 of 2025 registered by the Respondent No. 1- Kelwa Sagari
Police Station, District Palghar under Sections 115(2), 118(1),
118(2), 351(2), 352 r/w. section 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and the Charge-Sheet filed under section 118 (1),
115(2), 352, 351(2) r/w section 3(5) of the Bhartiya Nyaya
Sanhita, 2023 which is numbered as Regular Criminal Case No.
101 of 2026 which is pending in the file of Ld. Judicial
Magistrate, First Class, Palghar against the Petitioners.

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92. CRI WP-4601-26 & 4602-26.odt

8. Both Petitions are allowed and disposed.

Amberkar [ MILIND N. JADHAV, J. ]

Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.19
16:19:08
+0530

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