Created by Fuzzy Cloud

Bombay High Court

ABHIJEETSINGH JATINDRSINGH GUJRALversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The court allowed consent quashing of both criminal petitions and imposed costs of Rs.12,500 each on the parties.

Summary

The Bombay High Court entertained two related criminal writ petitions arising from family disputes over a deceased's will, one based on an FIR of 2021 and the other on an FIR of 2024. Both parties, who are relatives, reached a settlement and jointly requested the court to quash the criminal proceedings by consent. Relying on the inherent powers under Section 482 of the Criminal Procedure Code, 1973 (and the analogous Section 528 of the BNSS) and the principles laid down in State of Haryana v. Bhajan Lal, the court examined whether the offences were non‑heinous and suitable for consent quashing. The court held that, given the private nature of the dispute and the absence of societal impact, the petitions could be dismissed, but imposed costs of Rs.12,500 each on the parties to be paid to a charitable trust. Accordingly, the FIRs and related charge‑sheets were set aside, further proceedings stayed, and the parties were directed to comply with the cost order within two weeks.

Issues considered

  • Whether the High Court can quash criminal proceedings by consent under its inherent powers under Section 482 CrPC and Section 528 BNSS.
  • Whether the offences alleged (pertaining to will disputes) are non‑heinous and amenable to consent quashing.
  • Whether costs should be imposed on parties seeking consent quashing and, if so, on what basis.

Legislation cited

Subjects

  • consent quashing
  • Section 482 CrPC
  • inherent powers
  • family dispute
  • will
  • non‑heinous offence
  • costs in criminal proceedings
  • settlement

Judgment

                                                                          39.WP.5113.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                               WRIT PETITION NO.5113 OF 2026

              Abhijeetsingh Jatindrsingh Gujral                      .. Petitioner
                         Versus
              The State of Maharashtra and Anr.                      .. Respondents

                                          WITH
                           WRIT PETITION (ST.) NO.19847 OF 2026

              Manjitkaur Jaspalsingh Chaddha                   .. Petitioner
                         Versus
              The State of Maharashtra and Anr.                .. Respondents
                                          ....................
               Mr. Chetan Arvind Alai a/w. Mr. Rishab Chaurasia and Mr. Pranit
                Pawar, Advocates for Petitioner in Writ Petition No.5113 of 2026
                and Respondent in Writ Petition (Stamp) No.19847 of 2026.
               Ms. Meghna Gowalani, Advocate for Respondent No.2 and
                Petitioner in Writ Petition No.5113 of 2026.
               Mr. Sukanta A. Karmakar, APP for Respondent No.1 – State.
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : OCTOBER 01, 2026
              P.C.:

              1.       Heard Mr. Alai, learned Advocate for Petitioner in Writ

              Petition No.5113 of 2026 and Respondent in Writ Petition (Stamp)

              No.19847 of 2026 and Ms. Gowalani, learned Advocate for

              Respondent No.2 and Petitioner in Writ Petition No.5113 of 2026 and

              Mr. Karmakar, learned APP for Respondent No.1 – State.


              2.       Writ Petition No.5113 of 2026 is on board today. Parties are

              seeking consent quashing.




                                                                                      1 of 8
                                                          39.WP.5113.2026.doc


3.           At the outset, by consent both the learned Advocates - Mr.

Alai and Ms. Gowalani, persuade the Court to take on record and

board Criminal Writ Petition (Stamp) No.19847 of 2026 which is

supposed to be listed on 08.10.2026.


4.           Both the learned Advocates inform the Court that parties are

the same. However these are two cross Petitions. Even though they

arise out of different First Information Reports but the cause of action

is the same. They inform the Court that the dispute had arise between

parties with regard to the Will of the deceased and subsequent issues

relating to distribution of estate.


5.           Now the entire dispute between the parties is reconciled and

the looming criminal proceedings are required to be ended so that the

parties can live their life freely. It is prima facie seen that in the first

Petition, First Information Report is of the year 2021 and in the second

Petition, the First Information Report is of the year 2024.


6.           I have perused the material on record and after going

through the same, I am inclined to accept the request made by both

the parties for consent quashing. Parties are personally present before

the Court and are identified by their respective Advocates and have

interacted with me and have persuaded the Court to put an end to the

criminal proceedings, since it is a family matter and all parties are

relatives.


                                                                      2 of 8
                                                           39.WP.5113.2026.doc


7.           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.

8.           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     further     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

                                                                       3 of 8
                                                          39.WP.5113.2026.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.


9.        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

by “consent quashing”.


10.       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,



                                                                      4 of 8
                                                          39.WP.5113.2026.doc


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.


11.       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

                                                                      5 of 8
                                                            39.WP.5113.2026.doc


at large while considering consent quashing.


12.       Applying the aforesaid principles to the facts of the present

case, I am of the opinion that the Petitioner in both the Petitions for

their   actions   resulting   in   the   complainant     invoking    criminal

proceedings and now both the parties seeking quashing by consent, the

Petitioners should pay costs. However since the parties have set the

criminal law in motion, I am inclined to direct the parties to pay costs.

Both parties shall pay costs of Rs.12,500/- each that is total costs of

Rs.25,000/-       towards the Corpus of      A.K. Munshi Yojana a trust

which runs medical centres, vocational training centres and which also

runs a Special School called J.T. Sheth Mandbuddhi Vikas Kendra,

imparting education and training to the needs of 150 special children

in the field of Education (Classes for 6 to 18 years), early intervention

(upto 6 years) and vocational training (18 years above) having its

school address and building at A.K. Munshi Yojana Chowk, 3rd

Panjarapole Lane, C.P. Tank, Mumbai – 400 004 [Contact Nos.

22425513 / 22423654] registered under the Society Registration Act,

XXI of 1980 under No. : 387/81 GBBSD and the Public Trust Act, XXIX

of 1950 under No. F-6809. RCI Reg. No. 0163 within a period of two

weeks from the date of uploading of this order.        Petitioner   in   both

the Petitions are present in Court and through their learned Advocates

agree to pay the aforesaid costs amount to the charity.



                                                                         6 of 8
                                                              39.WP.5113.2026.doc


13.       Adhering to the request, both the Petitions are allowed by

the Court by consent quashing.


14.       Writ Petition No.5113 of 2026 stands allowed in terms of

prayer clauses (a) to (c) which read thus:-


          “a) this Hon'ble Court be pleased to quash and set aside the FIR
               bearing No. 1-132 of 2021 registered with Mumbai Naka Police
               station, Nashik qua the present Petitioner herein (original
               accused no.2);
          b)   this Hon'ble Court be pleased to quash and set aside the
               Chargesheet bearing no. 137/2021 and supplementary
               chargesheet bearing No. 125 of 2022 filed in FIR bearing no. I-
               132 of 2021 registered with Mumbai Naka Police station, Nashik
               qua Petitioner herein (accused no.2) and the ancillary proceeding
               bearing no. R.C.C. no 1169 of 2021 arising out of the said FIR
               bearing 1-132 of 2021 registered with Mumbai Naka Police
               station, Nashik;
          c)   pending the hearing and final disposal of the present Petition,
               stay all further proceedings arising out of C.R. No. 1-132 of 2021
               qua the Petitioner and direct that no coercive steps be taken
               against the Petitioner in connection therewith. ”


15.       Writ Petition (Stamp) No.19847 of 2026 stands allowedin

terms of prayer clauses (a) and (b) which read thus:-


          “(a) issue an appropriate writ, order or direction quashing and setting
               aside C.R. No. 170 of 2024 dated 16.06.2024 registered with
               Sarkarwada Police Station, Nashik, for offences under Sections
               420, 467, 468, 471, 120-B and 34 of the Indian Penal Code,
               1860, and all consequential proceedings arising therefrom, qua
               the present Petitioner;
          (b) pending final disposal of this Petition, stay further proceedings
               arising from the said C.R. No. 170 of 2024 qua the present
               Petitioner, on such terms as this Hon'ble Court considers
               appropriate;”


16.       List the Writ Petitions for compliance of the order regarding

payment of costs on 15th October 2026.



                                                                           7 of 8
                                                                         39.WP.5113.2026.doc


               17.               Advocates in both Petitions for Petitioner shall remain

               present and show compliance on behalf of both Petitioners on the

               returnable date for compliance. If they do 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 Petitioners/parties

               to both Petitions.


               18.               Writ Petition No.5113 of 2026 and Writ Petition (Stamp)

               No.19847 of 2026 are allowed and disposed.



H. H. SAWANT                                                [ MILIND N. JADHAV, J. ]


                          Digitally signed
               HARSHADA   by HARSHADA
                          HANUMANT
               HANUMANT   SAWANT
               SAWANT     Date: 2026.10.01
                          19:16:01 +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.