92. CRI WP-4601-26 & 4602-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4601 OF 2026 Ajay Laxman Bhoir & Ors. .. Petitioners Versus State of Maharashtra & Anr. .. Respondents WITH WRIT PETITION NO. 4602 OF 2026 Yash Milind Mhatre & Anr. .. Petitioners Versus State of Maharashtra & Anr. .. Respondents ....................  Mr. Abhijeet Sawant, Advocate for Petitioners in WP 4601/2026  Mr. Prashant Pawar a/w Mr. Tushar Gerewal, Advocates for Petitioners in WP 4602/2026  Ms. Shilpa G. Talhar, APP for State  Mr. J.N. Jadhav, PSI, Kelwa Sagari Police Station ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 18, 2026 P. C. : 1. Heard learned Advocates appearing for the parties. 2. The present Petitions are filed seeking quashing and setting aside of the FIRs and the consequential proceedings arising therefrom. 3. The parties have reconciled their dispute which emanated from a scuffle between them due to parking space disagreement of their respective cars due to which cross complaints came to be filed. All parties have deep roots in Society. They have requested the Court to 1 of 4 92. CRI WP-4601-26 & 4602-26.odt allow the Petitions since the criminal proceedings are a hindrance to their future prospectus and business. 4. Consent affidavits dated 02.09.2026 filed by the Complainants are taken on record. In view of the request made by the parties for consent quashing, I am inclined to allow both the Petitions. 5. 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. 6. 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 4 92. CRI WP-4601-26 & 4602-26.odt 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. 7. In view of the above, both Petitions are allowed in terms of prayer clause (a) which read thus:- CRIMINAL WRIT PETITION No. 4601 of 2026:- “a. This Hon'ble Court be pleased to quash and set aside the FIR No. 79 of 2025 registered by the Respondent No. Kelwa Sagari Police Station, District Palghar under Sections 118(1), 115(2), 352 and 324 (4) of the Bharatiya Nyaya Sanhita, 2023 and the Charge- Sheet filed under section 118(1), 115(2), 352 and 324 (4) r/w section 3(5) of the Bhartiya Nyaya Sanhita, 2023 which is numbered as Regular Criminal Case No. 99 of 2026 which is pending in the file of Ld. Judicial Magistrate, First Class, Palghar against the Petitioners.; CRIMINAL WRIT PETITION No. 4602 of 2026:- “a. This Hon'ble Court be pleased to quash and set aside the FIR No. 78 of 2025 registered by the Respondent No. 1- Kelwa Sagari Police Station, District Palghar under Sections 115(2), 118(1), 118(2), 351(2), 352 r/w. section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and the Charge-Sheet filed under section 118 (1), 115(2), 352, 351(2) r/w section 3(5) of the Bhartiya Nyaya Sanhita, 2023 which is numbered as Regular Criminal Case No. 101 of 2026 which is pending in the file of Ld. Judicial Magistrate, First Class, Palghar against the Petitioners. 3 of 4 92. CRI WP-4601-26 & 4602-26.odt 8. Both Petitions are allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.19 16:19:08 +0530