125. CRI APL-497-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 497 OF 2026 Supreeth Manikantan Jayasimhan @ Supreeth Manikantha Jaismin .. Applicant Versus State of Maharashtra & Anr. .. Respondents ....................  Mr. Mubin H. Solkar a/w Mr. Tahir Hussain, Mr. Anas K. Shaikh, Mr. Mehrosh Solkar, Ms. Tahera Qureshi, Mr. Zahid Burud, Ms. Hemal Shah & Mr. Yakub Shaikh, Advocates for Applicant  Mr. Yogesh M. Nakhwa, APP for State  Mr. Veerdhawal Deshmukh, Advocate for Respondent No. 2 ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 11, 2026 P. C. : 1. Heard Mr. Solkar, learned Advocate for Applicant; Mr. Nakhwa, learned APP for State and Mr. Deshmukh, learned Advocate for Respondent No. 2 - Complainant. 2. Present Application is filed under Section 528 of Cr.P.C. seeking to quash the FIR, Chargesheet, Cognizance order dated 02.08.2024 and Trial Court proceedings in C.C. No. 871/PW/2024 pending on the file of JMFC's 13th Court at Dadar (At Sewree), arising out of CR No. 184/2023 registered by N.M. Joshi Marg Police Station. 3. The parties have reconciled their lis, which primarily emanates due to a dispute of flat agreement between them. Amounts have been duly exchanged and paid. 1 of 7 125. CRI APL-497-26.odt 4. Complaint was filed for cheating and breach of trust. The amounts have been received back by Complainant. Demand Draft No. 14956 drawn on HDFC Bank is handed over to Mr. Deshmukh, who has handed it over to Respondent No. 2 - Complainant who is present in the Court. Parties have urged the Court to quash the criminal proceedings. Consent affidavit dated 11.09.2026 is placed before the Court. Parties are present before the Court. I have interacted with them. 5. In view of the aforesaid submissions which are noted, I am inclined to allow the present Application at the request of the parties for consent quashing. 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 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 2 of 7 125. CRI APL-497-26.odt 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. 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 1 1992 AIR 604 3 of 7 125. CRI APL-497-26.odt 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 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. 4 of 7 125. CRI APL-497-26.odt 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. 11. Applying the aforesaid principles to the facts of the present case, I am of the opinion that the Applicant for his actions resulting in the Complainant invoking criminal proceedings and now both the parties seeking quashing by consent, the Applicant should pay costs. Hence, Applicant is directed to pay costs of Rs. 10,000/- 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 5 of 7 125. CRI APL-497-26.odt 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. Applicant is present in Court and through his Advocates agree to pay the aforesaid costs amount to the charity within a period of two weeks from today. 13. In view of the above matter, the present Application 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) To quash the FIR, Chargesheet, Cognizance order dated 02.08.2024 and Trial Court proceedings in C.C. No. 871/PW/2024 pending on the file of JMFC's 13th Court at Dadar (At Sewree), arising out of CR No. 184/2023 registered by N.M. Joshi Marg Police Station." 14. List the Application for compliance of the order on 16th October, 2026. 15. Advocate for Applicant shall remain present and show compliance on that date. If he does not remain present and there is 6 of 7 125. CRI APL-497-26.odt non-compliance of this order, Court will pass appropriate order for recall of this order, which shall be noted by the Applicant. 16. Criminal Application is allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 7 of 7 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.15 15:50:33 +0530