115. WP 6354-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 6354 OF 2025 Mona Rajesh Gupta .Petitioner Vs. The State of Maharashtra & anr. .Respondents Mr. Kunal Phoole, Advocate, for the Petitioner Mr. Y. M. Nakhawa, APP, for Respondent No. 1 – State Ms. Ankita N. Thakur i/b. Ms. Bhavana, Advocates, for Respondent No. 2 CORAM : MILIND N. JADHAV, J. DATE : 11.09.2026 P. C. 1. Heard Mr. Phoole, learned Counsel for the Petitioner, Mr. Nakhawa, learned APP for Respondent No. 1 – State and Ms. Thakur, learned Counsel for Respondent No. 2. 2. The lis between the parties who are mother-in-law and daughter-in-law has been reconciled by both of them. Both parties are present in Court. I have interacted with them. They confirm about resolution of their dispute and request for consent quashing. Affidavit of consent dated 18.11.2025 is filed by Respondent No. 2, copy of which is appended at page No. 54. I have perused the same. Parties have decided to amicably withdraw all allegations qua each other and live happily. Their request Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.19 19:52:46 +0530 115. WP 6354-2025.doc is allowed. The Petition stands allowed. 3. 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. 4. 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 1 1992 AIR 604 Anand 2 of 4 115. WP 6354-2025.doc 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. 5. 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”. 6. Applying the aforesaid principles to the facts of the present case, I am of the opinion that the Petitioner, for his actions resulting in the complainant invoking criminal proceedings and now both the parties seeking quashing by consent. There shall no order as to costs. 7. In view of the above matter, the present Petition deserves to be allowed. It is so allowed in terms of prayer clause ‘a’ which read thus:- Anand 3 of 4 115. WP 6354-2025.doc “a) This Hon’ble Court may kindly quash and set aside the FIR No. 107 of 2022 registered with Oshiwara Police Station for Offences section 3(1)(R)(S) Scheduled Castes And The Scheduled Tribe (Prevention of Atrocities) Act and U/s. 504, 506 of IPC and the consequential Chargesheet filed in Special Case No. 320/2022 pending with Hon’ble City Court and Additional Session Judge Court no 12 at Dindoshi at the instance of the Respondent No. 2.” 8. Writ Petition is allowed and disposed. (MILIND N. JADHAV, J.) Anand 4 of 4