61.WP.4243.2021.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION 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. 1 of 3 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 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 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 2 of 3 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 3 of 3 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.19 13:16:16 +0530