90. CRI WP-4531-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4531 OF 2026 Rakesh Shivnath Patil .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents ....................  Mr. Jinesh J. Koli a/w Mr. Himanshu J. Patil, Advocates for Petitioner  Ms. Shilpa G. Talhar, APP for State  Ms. Deepti Panadi, Advocate for Respondent No. 2  Mr. Yuvraj Khairnar, PSI, Colaba Police Station ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 18, 2026 P. C. : 1. Heard Mr. Koli, learned Advocate for Petitioner; Ms. Talhar, learned APP for State and Ms. Panadi, learned Advocate for Respondent No. 2. 2. Parties have reconciled their dispute with regard to exchange of amount of Rs. 4.5 Lakhs (approximately). Part of the amount of Rs. 2 Lakhs has already been received by the Complainant. Balance amount will be received by the Complainant in separate tranches as agreed by the parties. Consent affidavit dated 11.09.2026 filed by Respondent No. 2 is taken on record. Parties are before the Court. I have interacted with the parties. In view of the request made by the parties for consent quashing, I am inclined to allow the present Petition. 1 of 3 90. CRI WP-4531-26.odt 3. 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. 4. 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 1 1992 AIR 604 2 of 3 90. CRI WP-4531-26.odt 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. 5. In view of the above, the present Petition is allowed in terms of prayer clauses (a) & (b) which read thus:- “a. quash and set aside F.I.R. No. 0064 of 2025 dated 04.03.2025 registered with Colaba Police Station, Mumbai, for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, together with the Chargesheet filed pursuant thereto and bearing PW/852/2025 pending before the Ld. Addl. Chief Judicial Magistrate, 08th Court, Esplanade, Mumbai, along with all consequential proceedings arising therefrom, by invoking the extraordinary and discretionary jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023; b Pending the hearing and final disposal of the present Writ Petition, stay the proceedings in proceedings in Police Case No. PW/852/2025 pending before the Ld. Addl. Chief Judicial Magistrate (JMFC), 08th Court, Esplanade, Mumbai, on such terms and conditions as this Hon'ble Court may deem fit and proper. 6. 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 13:57:43 +0530