'Criminal Cases Cannot Be Used To Settle Scores': Bombay HC Quashes Property Dispute Case

Mumbai, October 10, 2026: Courts cannot be used as a “recovery mechanism to settle scores” or bring parties into subjugation, the Bombay High Court has observed while quashing a criminal case arising from a property dispute.

The court allowed the plea after the parties settled their differences, but directed the petitioner to pay Rs 25,000 to a charitable trust, citing the need to prevent misuse of criminal law.

Criminal law cannot be used for private settlements

“Criminal law cannot be used as a bargaining chip or a tool for private settlements after draining the State and judicial resources,” Justice Milind Jadhav observed, stressing that courts must consider imposing costs in cases where parties seek to withdraw criminal proceedings by mutual consent.

The petition was filed by city builder and former MP Akhtar Hasan Rizvi, 90, of Rizvi Land Development, seeking quashing of a criminal case registered at Bandra police station and subsequently transferred to the Mumbai Crime Branch.

Dispute over property mutation entry

The dispute arose from a 1979 property mutation entry concerning a 300-square-metre plot adjoining a larger parcel developed by Rizvi. After approaching the statutory revenue authorities, the parties resolved their differences through consent terms, under which the complainant, Abdul Shaikh, 74, secured rights to the disputed plot without the petitioner deriving any benefit.

Justice Jadhav said courts could consider quashing proceedings by consent in disputes that are essentially civil, commercial or matrimonial, provided the offences are not heinous or do not affect society at large.

Court flags misuse of criminal proceedings

The judge said such proceedings consume public money and valuable judicial time, with the police required to investigate, collect evidence and attend court, while trial courts must spend time on summons, hearings and other procedures.

The court also flagged the growing trend of filing exaggerated criminal complaints, particularly in matrimonial and commercial disputes, to force financial or legal settlements. In appropriate cases, even complainants or the State machinery could be saddled with costs, the judge said, where the facts showed that a purely civil dispute had been given a criminal colour.

However, he cautioned that costs should not be imposed mechanically when a party has not abused the legal process.

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Petitioner directed to pay Rs 25,000

The court directed Rizvi to pay Rs 25,000 to A.K. Munshi Yojana, a public trust that runs medical centres, vocational training programmes and a special school for children with disabilities.

The petition was allowed subject to payment of costs. The matter has been listed on October 29, 2026, to verify compliance. The court warned that failure to comply could result in the quashing order being recalled.

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