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Bombay High Court

POONAM VIJAY MATTE AND ANRversusRAM RAMDAS SAMUDRE AND ANR

Decided
Disposal
Disposed Off

Holding

The High Court allowed both writ petitions, quashed the FIRs/MECRs, and ordered each petitioner to pay Rs 10,000 as costs.

Summary

Petitioners Poonam Vijay Matte et al. and Ram Ramdas Samudre filed writ petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quash of FIR/MECR proceedings relating to alleged extortion, forgery and criminal intimidation. The parties had settled their private dispute, exchanged the disputed amount and filed consent affidavits indicating no further grievance. The Court examined the inherent powers under Section 528 (mirroring Section 482 of the CrPC) and the Bhajan Lal guidelines on quashing FIRs, noting that the offences were non‑heinous and arose from a civil/commercial dispute. It held that the petitions could be allowed but imposed costs of Rs 10,000 on each petitioner to deter misuse of criminal law. Accordingly, both writ petitions were allowed, the FIRs/MECRs were quashed, and the parties were directed to pay the costs to a charitable institution.

Issues considered

  • Whether the FIRs/MECRs can be quashed under Section 528 of the BNSS in view of the parties' settlement and the nature of the offences.
  • Whether the Court may impose costs on petitioners in a consent‑quashing proceeding.
  • Whether non‑compoundable, non‑heinous offences may be set aside despite the filing of an FIR.

Legislation cited

Subjects

  • quash of FIR
  • Section 528 BNSS
  • Section 482 CRPC
  • consent quashing
  • costs in criminal proceedings
  • settlement of civil dispute
  • Bhajan Lal guidelines
  • non‑heinous offences

Judgment

                                                         87.WP.994.2026 and 995.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL WRIT PETITION NO. 994 OF 2026

       Poonam Vijay Matte and Anr.                            .. Petitioners
             Versus
       State of Maharashtra and Anr.                          .. Respondents

                                   WITH
                   CRIMINAL WRIT PETITION NO. 995 OF 2026

       Ram Ramdas Samudre                                     .. Petitioner
             Versus
       State of Maharashtra and Anr.                          .. Respondents
                                  ....................
        Ms. Sonali Dalvi, Advocate for Petitioners in Writ Petition No.994 of
         2026.
        Mr. Abhilesh Vijay Chitre, Advocate for Petitioner and Writ Petition
         No.995 of 2026.
        Mr. Yogesh M. Nakhwa, APP for Respondent – State.
        PSI – Mr. Dinesh Palav, Marine Drive Police Station present.
                                    ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : AUGUST 29, 2026.

       P.C.:

       1.       Heard Ms. Dalvi, learned Advocate for Petitioners in Writ

       Petition No.994 of 2026; Mr. Chitre, learned Advocate for Petitioner

       and Writ Petition No.995 of 2026 and Mr. Nakhwa, learned APP for

       Respondent – State.


       2.       Writ Petition No.994 of 2026 is filed by Petitioners i.e.

       Poonam Vijay Matte and Vijay Matte under Section 528 of Bharatiya

       Nagarik Suraksha Sanhita, 2023 seeking to quash and set aside MECR

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No. 5 of 2011 registered with Marine Drive Police Station against

Petitioners for offences punishable under Sections 211, 385, 467, 468,

469, 471, 474, 504, 506(2) read with 34 of Indian Penal Code, 1860.


3.        Writ Petition No.995 of 2026 is filed by Petitioner i.e. Ram

Ramdas Samudre under Section 528 of Bharatiya Nagarik Suraksha

Sanhita, 2023 seeking to quash and set aside FIR No.199 of 2008

registered at Marine Drive Police Station, Mumbai for the offences

punishable under Section 500 and 509 of Indian Penal Code, 1860.


4.        The learned Advocates jointly inform the Court that

Criminal Petition No.995 of 2026 is a cross-petition and has not been

listed today on board. The same is taken on board with the consent of

the parties.


5.        Both these Petitions are cross-petitions qua the parties

thereto with regard to for extortion and forgery whereby the

allegations being that certain document, namely an Affidavit under the

RTI was fabricated and tampered with by the parties.


6.        Be that as it may, the parties have reconciled their disputes

and differences to the extent of the amount that has been involved and

have exchanged the said amount and no longer have any grievance

with each other. The Consent Affidavits of both the parties are placed

before the Court. They both are dated 26.01.2026 and they are taken

on record. I have perused the same. On perusal of the said Affidavits,

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I do not find any reason as to why both the Petitions should not be

allowed and the parties should be allowed to carry on with their lives

otherwise.


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 furthered asserted that power under Section 482 is an

acknowledgment of "powers inherent" and not the source of powers
1    1992 AIR 604

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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.


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



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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.


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

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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.


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

case, I am of the opinion that the Petitioners for their actions resulting

in the Complainant invoking criminal proceedings and now both the

parties seeking quashing by consent, the Petitioners should pay costs.


13.        Hence, Petitioners in Writ Petition No.994 of 2026 are

directed to pay costs of Rs.10,000/- (Rs. Ten Thousand only) each and

Petitioner in Writ Petition No.995 of 2026 is directed to pay costs of

Rs.10,000/- towards the corpus of A.K. Munshi Yojana’s J.T. Sheth

Mandbuddhi Vikas Kendra, a Special School 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. All Petitioners are present in Court and



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through their learned Advocates agree to pay the aforesaid costs

amount to the charity.


14.       In view of the above, Writ Petition No.994 of 2026 deserves

to be allowed subject to payment of costs as directed herein above. It is

so allowed in terms of prayer clause ‘a’ which reads thus:-


          “(a) This Hon’ble Court be pleased to issue a Writ of Certiorari
               and/or other Writ, Order and/or Direction under Article
               226 of the Constitution of India and be pleased to call for
               the record and proceedings in MECR No. 5 of 2011 dated
               24.07.2011 registered with Marine Drive Police Station,
               Mumbai, for offences punishable under sections 211, 385,
               467, 468, 469, 471, 474, 504, 506(2) and 34 of Indian
               Penal Code, 1860, and after ascertaining the legality and
               propriety thereof be pleased to quash and set aside MECR
               No. 5 of 2011 dated 24.07.2011 registered with Marine
               Drive Police Station and all subsequent proceedings
               arising therefrom, including C.C. No. 800639/PW/2012,
               pending on the files of Ld. Addl. Chief Metropolitan
               Magistrate, 64th Court, Esplanade, Mumbai in the interest
               of justice.”

15.       In view of the above, Writ Petition No.995 of 2026 deserves

to be allowed subject to payment of costs as directed herein above. It is

so allowed in terms of prayer clause ‘a’ which reads thus:-

          “a. This Hon’ble Court be pleased to issue a Writ of Certiorari
               and/or other Writ, Order and/or Direction under Article
               226 of the Constitution of India and be pleased to call for
               the record and proceedings in FIR No. 199 of 2008 for
               offences punishable under Sections 500 and 509 of the
               Indian Penal Code, 1860, registered with Marine Drive
               Police Station, Mumbai, and after ascertaining the legality
               and propriety thereof be pleased to quash and set aside
               FIR No. 199 of 2008 and all subsequent proceedings
               arising therefrom, including C.C. No. 800274/PS/2009,
               pending on the files of Ld. Addl. Chief Metropolitan
               Magistrate, 64th Court, Esplanade, Mumbai in the interest
               of justice.”




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

                                    regarding payment of costs on 16th September 2026.


                                    17.       Advocates in both Petitions for Petitioners shall remain

                                    present and show compliance on behalf of all 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.       Both Writ Petitions are allowed and disposed.



                                                                               [ MILIND N. JADHAV, J. ]

       Ajay
              Digitally signed by
AJAY       AJAY TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.09.03
              18:29:38 +0530




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