85. CRI WP-4110-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4110 OF 2026 Manish Ramprakash Tikawade .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents ....................  Ms. Sakshi Mane, Advocate for Petitioner  Mr. Sukanta A. Karmakar, APP for State  Mr. Jinesh Jitendra Koli, Advocate for Respondent No. 2  Mr. Paresh Gargade, PSI, Pairavi Officer, Versova Police Station ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 18, 2026 P. C. : 1. Heard Ms. Mane, learned Advocate for Petitioner, Mr. Karmakar, learned APP for State and Mr. Koli, learned Advocate for Respondent No. 2 2. Present Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash and set aside the FIR bearing C.R. No. No. 216 of 2017 registered with Versova Police Station, Mumbai against the Petitioner and currently pending on the file of Ld. Metropolitan Magistrate's 44th Court, Andheri, Mumbai in case No. 2769/2017. 3. Considering that both the parties before the Court were adults at the time of incident, they have persuade the Court to reconcile their 1 of 3 85. CRI WP-4110-26.odt disputes with the intervention of their well-wishers and family members and the Complainant having filed a consent affidavit dated 13.07.2026 and persuaded the court to quash the criminal proceedings, 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 1 1992 AIR 604 2 of 3 85. CRI WP-4110-26.odt 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. 6. In view of the above, the present Petition is allowed in terms of prayer clause (a) which reads thus:- “a) That this Hon'ble Court may be pleased to exercise its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Article 226 of Constitution of India, and may be pleased to quash and set aside the FIR bearing C.R. No. No. 216 of 2017 registered with Versova Police Station, Mumbai against the Petitioner and currently pending on the file of Ld. Metropolitan Magistrate's 44th Court, Andheri, Mumbai in case No. 2769/2017 on such terms and conditions as this Hon'ble Court may deed fit to grant in the circumstances of the 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 14:50:26 +0530