82. CRI WP-3876-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3876 OF 2026 Prashant Prakash Patil .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents ....................  Mr. Mahesh Vishwakarma a/w Ms. Deepa Bhardvaj i/by Ms. Megha Jain, Advocates for Petitioner  Mr. Suyash Sule, Advocate for Respondent No. 2  Ms. Punam Patil, API, Panvel City Police Station, New Mumbai ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 18, 2026 P. C. : 1. Heard Mr. Vishwakarma, learned Advocate for Petitioner and Mr. Sule, learned Advocate for Respondent No. 2. 2. Present Criminal Writ Petition is filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash and set aside FIR No. 49 of 2026 registered on 19.01.2026 with Panvel City Police Station, Navi Mumbai for the offences punishable under Sections 318(4), 336 and 338 of the Bharatiya Nyaya Sanhita, 2023. 3. The father and the son have reconciled their dispute. They are present before the Court. Without delineating anything on merits, the 1 of 3 82. CRI WP-3876-26.odt parties desire consent quashing and request the Court to do so. In view thereof, I am inclined to allow the present Petition. 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 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 1 1992 AIR 604 2 of 3 82. CRI WP-3876-26.odt 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 matter, the present Petition is allowed in terms of prayer clauses (a) to (c) which reads thus:- “a) Issue an appropriate writ, order or direction and thereby quash and set aside FIR No. 49 of 2026 registered on 19.01.2026 with Panvel City Police Station, Navi Mumbai for the offences punishable under Sections 318(4), 336 and 338 of the Bharatiya Nyaya Sanhita, 2023; b) Issue an appropriate writ, order or direction thereby quash and set aside Charge Sheet No. 145/2026 dated 09.04.2026 filed pursuant to the aforesaid FIR together with Regular Criminal Case No. 418 of 2026 pending before the Ld. Judicial Magistrate First Class, Panvel and all such other proceedings arising therefrom; c) In the event cognizance has already been taken in the matter by the Ld. Judicial Magistrate First Class, Panvel, be pleased to quash and set aside the order taking cognizance/process issued in the aforesaid Regular Criminal Case." 7. Petition is allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 3 of 3 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.19 14:53:28 +0530