98. CRI WP-4645-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4645 OF 2026 Sarthak Sudesh Sane .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents ....................  Ms. Nikita Chavan a/w Sanghpriya Sarode & Ms. Monali Gadhave i/by Mr. Saurabh Ghag, Advocates for Petitioners  Mr. Sukanta A. Karmakar, APP for State  Mr. Prashant Mishra i/by Mr. Bharat Jadhav, Ms. Purva Birla, Ms. Shruti Chande, Mr. Ankush Thakur, Ms. Tisha Thakkar & Mr. Ketan Gavhane i/by ENACT Legal, Advocates for Respondent No. 2 ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 18, 2026 P. C. : 1. Heard learned Advocates appearing for the parties. 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 dispute between the parties has been reconciled with regard to the amounts which were exchanged between them. Consent affidavit dated 11.09.2026 filed by the Complainant is placed on record. Petitioner was not named in the FIR. Parties have decided to reconcile the dispute. In view thereof, I am inclined to allow the present Petition. 1 of 3 98. CRI WP-4645-26.odt 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 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 98. CRI WP-4645-26.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. 6. In view of the above matter, the present Petition is allowed in terms of prayer clauses (a) to (c) which read thus:- “a. This Hon'ble Court be pleased to issue Writ of Certiorari or any other appropriate Writ, order or direction calling for the records and proceedings of the said F.I.R bearing No. 72 of 2026 dated 10.02.2026, Chargesheet filed before the Ld. Judicial Magistrate First class, 69th Court, Mazgaon, Mumbai bearing No. PW/411/2026 dated 23.04.2026 and subsequent proceedings arising out of the said F.I.R and upon examining the legality, correctness and propriety of the proceedings conducted so far, be pleased to quash and set aside the said F.I.R and Chargesheet; b. That this Hon'ble Court be pleased to issue a Writ of Mandamus or any other Writ, order or direction, directing the Respondent No. 1 not to initiate any action against the Petitioner in furtherance of F.I.R bearing No. 72 of 2026 and Chargesheet; c. That this Honourable High Court be pleased TO QUASH AND SET ASIDE the F.I.R No. 72 of 2026 dated 05.02.2026 and the Chargesheet filed before the Ld. Judicial Magistrate First class, 69th Court, Mazgaon, Mumbai bearing No. PW/411/2026 dated 23.04.2026 for offences punishable under Section 319(2), 318(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act, 2000 at the instance of Nagpada Police Station, Mumbai and any other subsequent proceedings arising out of the said FIR, qua the present petitioner and/or entire F.I.R. Chargesheet and subsequent proceedings arising out of the said F.I.R on such terms and conditions as this Hon'ble Court deems fit and proper; 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 14:54:18 +0530