An FIR is not withdrawn by agreement. It has to be quashed by the High Court under Section 528 BNSS (formerly Section 482 CrPC), and only for offences that are essentially private. In Niraj Rajaram More v. State of Maharashtra (2026:BHC-AS:37904), a case arising from Chikhali in Pimpri-Chinchwad, the Bombay High Court quashed the FIR against one accused after the complainant retracted, but ordered the complainant to pay ₹20,000 in costs, and held that costs may be imposed on parties in ‘consent quashing’ matters generally.
Clients often assume that once the two sides have made peace, the case simply ends. It does not. The State is the prosecutor in every FIR, and only the High Court can end the case before trial on the basis of a settlement. This judgment adds a further point: the High Court may now ask the parties to pay for the public resources they used.
The case
A quarrel during a Ganesh Visarjan procession led, the next day, to an assault at a housing society in Morwasti, Chikhali. The FIR named seven people for rioting, attempt to murder, hurt and criminal intimidation, along with Arms Act offences, alleging that a pistol had been brandished. The applicant’s anticipatory bail had been refused by the Sessions Court and granted by the High Court. Later the complainant agreed to quash the case against him alone.
Justice Milind N. Jadhav allowed the quashing and directed the complainant to pay ₹20,000 to a charitable trust, giving three reasons for costs in such cases: the waste of police and public funds on an investigation that is then abandoned, the waste of court time, and deterrence against setting the criminal law in motion lightly.
Which cases can be quashed on settlement
| Type of case | Quashing on settlement |
|---|---|
| Matrimonial disputes, including 498A (Sections 85–86 BNS) | Commonly allowed once the parties have genuinely settled |
| Commercial and money disputes, cheating between private parties | Often allowed where the dispute is essentially civil |
| Neighbour and society quarrels with minor injuries | Often allowed |
| Serious offences affecting society — murder, rape, dowry death, offences against the State | Generally not allowed, whatever the parties agree |
| Mixed FIRs with serious sections | Decided case by case; the gravity of the sections invoked matters |
How a consent quashing runs from Pune
- The settlement is recorded in writing, signed by both sides.
- The complainant swears an affidavit confirming the settlement and that she or he has no objection to quashing.
- A petition under Section 528 BNSS is filed in the Bombay High Court, with the FIR, chargesheet if filed, and the settlement documents.
- The complainant usually has to appear, in person or by video conference, to confirm the consent.
- The State, through the Public Prosecutor, makes its submissions. The Court decides, and may impose costs.
The bottom line
Settlement can end many criminal cases, but only through the High Court, only for the right kind of offence, and now possibly at a cost. Plan the quashing petition as part of the settlement, not as an afterthought.