96. CRI WP-4626-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4626 OF 2026 Gursharanjot Singh Randhawa @ Guru Randhawa .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents ....................  Mr. Ameya Lambhate, Advocate for Petitioner  Ms. Shilpa G. Talhar, APP for State  Mr. Dashang Doshi i/by Dewani Associates, Advocates for Respondent No. 2 ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 18, 2026 P. C. : 1. Heard Mr. Lambhate, learned Advocate for Petitioner and Ms. Talhar, learned APP for State. 2. Present Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing and setting aside of the FIRs and the consequential proceedings arising therefrom. 3. The lis between the parties was on account of the Complaint filed under the provisions of Sections 296 and 353 of the Bharatiya Nyaya Sanhita, 2023; Section 67 of the Information Technology Act, 2000 and Section 6 of the Indecent Representation of Women (Prohibition) Act, 1986 registered with Nodal Cyer Police Station, Maharashtra Cyber, Mumbai. 1 of 4 96. CRI WP-4626-26.odt 4. It is prima facie seen that there was a disclaimer to the contentious video which was uploaded on the YouTube channel. The parties have now reconciled their lis. Consent affidavit dated 07.09.2026 filed by Respondent No. 2 - Complainant is taken on record. The Complainant on his own volition has agreed to seek quashing of the criminal proceedings without any favor on his own accord. Complainant is present through VC. I have interacted with him. He confirms the contents of the said affidavit. In that view of the matter, I am inclined to allow the present Petition. 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 2 of 4 96. CRI WP-4626-26.odt 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 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 matter, the present Petition is allowed in terms of prayer clauses (a) & (b) which reads thus:- “a) This Hon'ble Court be pleased to quash and set aside FIR No. 70 of 2026 dated 11.08.2026 registered with Nodal Cyber Police Station, Maharashtra Cyber, Mumbai, for offences punishable under Sections 296 and 353 of the Bharatiya Nyaya Sanhita, 2023, Section 67 of the Information Technology Act, 2000 and Section 6 of the Indecent Representation of Women (Prohibition) Act, 1986; b) That this Hon'ble Court be pleased to consequently quash and set aside all further proceedings, investigation, if any, and/or criminal proceedings arising out of the said FIR/Crime No. 70 of 2026, dated 11.08.2026 registered with Nodal Cyber Police Station, Maharashtra Cyber, Mumbai, insofar as the same concern the Petitioner;" 1 1992 AIR 604 3 of 4 96. CRI WP-4626-26.odt 8. Petition is allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.19 16:21:54 +0530