129. APL-1243-26 159 & 160.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1243 OF 2026 Percy Erach Pestonji .. Applicant Versus The State of Maharashtra & Anr. .. Respondents WITH CRIMINAL APPLICATION NO. 1132 OF 2026 Mahrukh Feeroz Haradhvala .. Applicant Versus The State of Maharashtra & Anr. .. Respondents WITH CRIMINAL WRIT PETITION NO. 2872 OF 2026 Pradeep Janardhan Nile & Anr. .. Petitioners Versus The State of Maharashtra & Anr. .. Respondents WITH CRIMINAL WRIT PETITION NO. 3016 OF 2026 Cyrus Kersi Langrana & Anr. .. Petitioners Versus The State of Maharashtra & Ors. .. Respondents ....................  Mr. Vishwajit Patil a/w Mr. Dnyaneshwar Jadhav & Ms. Gayatri Mane i/by Legasis Partners, Advocates for Applicant in APL 1243/2026 &1132/2026  Ms. Priyanka Machado & Laleh Pandole i/by Vashi & Vashi, Advocates for Petitioners in WP 2872/2026 & 3016/2026  Mr. Yogesh M. Nakhwa, APP for State  Ms. Priyanka Machado & Laleh Pandole i/by Vashi & Vashi, Advocates for Respondent No. 2 in CRI APL 1243/2026 & 1132/2026 ................... 1 of 10 129. APL-1243-26 159 & 160.odt CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 11, 2026 P. C. : 1. Heard learned Advocates appearing for the respective parties. 2. Criminal Application No. 1132 of 2026 is not on board today, By consent of the parties, same is taken on board. 3. The above captioned four matters are being decided together by this common order. 4. Criminal Application No. 1243 of 2026 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash and set aside the FIR bearing No. 0319 of 2024 dated 08.08.2024 registered with Matunga Police Station, Mumbai for offences punishable under Sections 406, 419, 420 and 34 of the Indian Penal Code, 1860 as well as Chargesheet dated 09.02.2026 filed pursuant thereto before the learned Judicial Magistrate First Class, 30th Court, Kurla, Mumbai together with all consequential proceedings arising therefrom, insofar as they relate to the Applicant. 4.1. Criminal Application No. 1132 of 2026 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash and set aside the FIR bearing No. 0319 of 2024 dated 08.08.2024 registered with Matunga Police Station, Mumbai for offences punishable under Sections 406, 419, 420 and 34 of the Indian Penal 2 of 10 129. APL-1243-26 159 & 160.odt Code, 1860 as well as Chargesheet dated 09.02.2026 filed pursuant thereto before the learned Judicial Magistrate First Class, 30th Court, Kurla, Mumbai together with all consequential proceedings arising therefrom, insofar as they relate to the Applicant. 4.2. Criminal Writ Petition No. 2872 of 2026 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973) seeking to quash and set aside the FIR No. 158 of 2025 dated 31.01.2025 registered with Bandra Police Station, Mumbai under Section 119, 329(3), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 and Chargesheet No. 1 dated 21.04.2026 filed by Respondent No. 1 before the Hon'ble Judicial Magistrate, First Class at Bandra on 13.07.2026 and 4.3. Criminal Writ Petition No. 3016 of 2026 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973) seeking to quash and set aside the FIR No. 1188 of 2024 dated 16.08.2024 registered with Bandra Police Station, Mumbai under Sections 409 and 420 read with Section 34 of the Indian Penal code, 1860. 4.4. The Complainant is a former Trustee of the Trust. All Applicants / Petitioners are trustees / former trustees of the Trust. 3 of 10 129. APL-1243-26 159 & 160.odt They are known to each other for a long time. Some dispute arose with regard to the trust property and handling and misappropriation of trust funds. The disputes have now been reconciled pursuant to Civil Suit proceedings filed in 2025. The amounts have now been returned back by the Applicants / Petitioners. Suit No. 10 of 2025 has been settled by virtue of filing Consent Terms by the parties thereto who are the same parties before me. In that view of the matter, the parties have approached the Court to put an end to the criminal proceedings by consent quashing. 5. All four consent affidavits dated 09.07.2026, 22.06.2026, 11.09.2026 and 20.05.2026 of the Complainants filed in respective matters which are taken on record. I have perused the same. Some parties are present in Court and some are present on VC. I have interacted with them. They all persuade the Court to quash the criminal proceedings by consent quashing. In view of the aforesaid facts, I am inclined to accept the request made by the parties and allow the present Applications / Petitions so that the parties can live their future lives without the ignominy of the criminal proceedings. 6. 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 4 of 10 129. APL-1243-26 159 & 160.odt 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. 7. 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 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. 1 1992 AIR 604 5 of 10 129. APL-1243-26 159 & 160.odt 8. 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”. 9. 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, 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 6 of 10 129. APL-1243-26 159 & 160.odt 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. 10. 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 at large while considering consent quashing. 7 of 10 129. APL-1243-26 159 & 160.odt 11. Applying the aforesaid principles to the facts of the present case, I am of the opinion that the Applicants in two Applications for their actions resulting in the Complainant invoking criminal proceedings and now both the sides seeking quashing by consent, the two Applicants before me should pay costs. Hence, Applicant in Application Nos. 1243/2026 & 1132/2026 are directed to pay costs of Rs. 10,000/- each 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. 12. Applicants and Petitioners are present in Court and through their Advocates agree to pay the aforesaid costs amount to the charity within a period of two weeks from today. 8 of 10 129. APL-1243-26 159 & 160.odt 13. In view of the above matter, both the Criminal Applicants as also both the Petitions are allowed subject to payment of costs as directed herein above. They are so allowed as under:- CRIMINAL APPLICATION NO. 1243 OF 2026:- “(a) That this Hon'ble Court may be pleased to quash and set aside the FIR bearing No. 0319 of 2024 dated 08.08.2024 registered with Matunga Police Station, Mumbai for offences punishable under Sections 406, 419, 420 and 34 of the Indian Penal Code, 1860 as well as Chargesheet dated 09.02.2026 filed pursuant thereto before the learned Judicial Magistrate First Class, 30th Court, Kurla, Mumbai together with all consequential proceedings arising therefrom, insofar as they relate to the Applicant." CRIMINAL APPLICATION NO. 1132 OF 2026:- “(a) That this Hon'ble Court may be pleased to quash and set aside the FIR bearing No. 0319 of 2024 dated 08.08.2024 registered with Matunga Police Station, Mumbai for offences punishable under Sections 406, 419, 420 and 34 of the Indian Penal Code, 1860 as well as Chargesheet dated 09.02.2026 filed pursuant thereto before the learned Judicial Magistrate First Class, 30th Court, Kurla, Mumbai together with all consequential proceedings arising therefrom, insofar as they relate to the Applicant." CRIMINAL WRIT PETITION NO. 2872 OF 2026 :- “(a) That this Hon'ble Court may be pleased to invoke its extraordinary writ jurisdiction under Article 226 of the Constitution of India as well as Inherent powers under Section 528 of BNSS thereby quash and set aside the FIR No. 158 of 2025 dated 31.01.2025 registered with Bandra Police Station, Mumbai under Sections 119, 329(3), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023; (a-1) this Hon'ble Court be pleased to invoke its extraordinary writ jurisdiction under Article 226 of the Constitution of India as well as Inherent powers under Section 528 of BNSS thereby quash and set aside and Chargesheet No. 1 dated 21.04.2026 filed by Respondent No. 1 before the Hon'ble Judicial Magistrate, First Class at Bandra on 13.07.2026 ." 9 of 10 129. APL-1243-26 159 & 160.odt CRIMINAL WRIT PETITION NO. 3016 OF 2026 :- “a. this Hon'ble Court be pleased to invoke its extraordinary writ jurisdiction under Article 226 of the Constitution of India as well as Inherent powers under Section 528 of BNSS thereby quash and set aside the FIR No. 1188 of 2024 dated 16.08.2024 registered with Bandra Police Station, Mumbai under Sections 409 and 420 read with Section 34 of the Indian Penal code, 1860; b) This Hon'ble Court be pleased to direct the Respondent No. 1 i.e. State of Maharashtra acting through Bandra Police Station, Mumbai to forthwith de-freeze the Trust Account." 14. List both Criminal Applications and both Writ Petitions for compliance of the order on 17th October, 2026. 15. Advocate for Applicants shall remain present and show compliance on that date. If he does 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 Applicants. 16. Criminal Application Nos. 1243 of 2026 and 1132 of 2026 and Criminal Writ Petition Nos. 2872 of 2026 and 3016 of 2026 are allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 10 of 10 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.15 15:29:52 +0530