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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, C.J., GAUTAM A. ANKHAD
Hetal Vishnubhai Shah – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
GAUTAM A. ANKHAD, J.
The present Writ Petitions are filed under Article 226 of the Constitution of India and Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking following reliefs:
Prayers in WP/4334/2025
“(a). This Hon’ble Court be pleased to invoke its inherent jurisdiction under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and to pass a direction to quash and/or set aside First Information Report No.118 of 2025 registered on 20.02.2025 with MHB Colony Police Station U/s. 126(2), 351(3), 61(2) of the Bharatiya Nyay Sanhita, 2023 at the instance of respondent no.2.
Prayer in WP/2412/2025
“(i) The Hon’ble Court may be pleased to quash and set aside C.R. No.118 of 2025 registered with M.H.B. Colony Police Station for the offence punishable under sections 126(2), 351(3), 61(2) of the Bharatiya Nyaya Sanhita, 2023 in consequence of settlement of issue between the petitioner and the respondent no.2.”
2. The petitioners in these writ petitions are co-accused persons in the FIR bearing CR No.118 of 2025 dated 22nd February 2025 registered with MHB Colony police station. The FIR was lodged at the instance of the respondent-Shailesh Shivanand Pandey in both
The court can quash an FIR when the complainant withdraws support due to resolution of misunderstandings, as a measure to prevent abuse of legal processes.
Court can quash criminal proceedings to prevent abuse of process of law when parties amicably settle disputes, ensuring justice is served.
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