63.APL.798.2024.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 APPLICATION NO. 798 OF 2024 Prabhat Kumar and Ors. .. Applicants Versus State of Maharashtra and Anr. .. Respondents ....................  Mr. Karan Bhosale a/w. Mr. Siddharth Chavan, Mr. Prasad Mhamunkar, Mr. Harsh Sawant, Advocates i/by NDB Law for Applicants.  Ms. Shilpa G. Talhar, APP for Respondent – State.  Mr. Ajinkya Udane a/w. Ms. Teena Kapoor, Advocates for Respondent.  PSI – A.R. Sayyed, Manmad City Police Station present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 18, 2026. P.C.: 1. Heard Mr. Bhosale, learned Advocate for Applicants; Ms. Talhar, learned APP for Respondent – State and Mr. Udane, learned Advocate for Respondent. 2. The parties have reconciled their disputes and differences and seek quashing of the First Information Report (FIR). The complaint was lodged against the staff of the Regional Branch who are the Applicants before me. Mr. Udane, learned Advocate appears for the First Informant–Complainant. 1 of 3 63.APL.798.2024.doc 3. Affidavits of consent are appended at pages 56 and 61 of the Application. I have perused the same. Mr. Bhosale informs the Court that the amount received from the depositors has been received back from the Insurance Company and has now been paid to the concerned depositors. In view of the same, the parties have decided by consent to quash the criminal proceedings. I accept their request. 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 1 1992 AIR 604 2 of 3 63.APL.798.2024.doc 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. 6. In view of the above, there can be no impediment to allowing the present Criminal Application. Accordingly, the Criminal Application stands allowed in terms of prayer clause ‘b’ which reads as follows:- “b) That this Hon’ble Court be pleased to quash and set aside the FIR/ CR No. 222 of 2024 dated 26th May 2024 along with the R.C.C. no. 77 of 2026 dated 23rd March, 2026 lodged with Manmad Police Station under Section 406, 409, 420, 467, 468, 471 and 120(B) read with section 34 of Indian Penal Code, 1860 along with any other proceedings/ applications filed in the present matter as against the Applicants.” 7. In view of the above, Criminal Application 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 14:00:41 +0530