FIRs Registered Under Bharatiya Nyaya Sanhita, 2023, to be Quashed by Mutual Consent Following Misunderstanding Incident
In a significant development, the Bombay High Court, operating from its Circuit Bench at Kolhapur, has accepted an unconditional apology from Mrs. Ashwini Nikhil Patil in a suo motu contempt proceeding. The court disposed of the contempt petition after the advocate tendered an apology that was accepted by the judges, Madhav J. Jamdar and Pravin S. Patil.
The proceedings initially stemmed from a misunderstanding and a spur-of-the-moment incident, which led to the filing of FIRs under the Bharatiya Nyaya Sanhita, 2023, and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. FIRs were registered against 15 advocates and Mrs. Ashwini Nikhil Patil. However, both parties have agreed to initiate proceedings to quash the FIRs by mutual consent, acknowledging the incident as a misunderstanding.
The court had previously noted the pending Central legislation on advocates' protection and the state legislation's deferment in Maharashtra, taking into account the urgency of addressing increasing assaults on advocates. This matter had prompted a Public Interest Litigation, which is scheduled for further hearing.
Senior advocate Mr. Rajiv Chavan and advocate Mr. Satyavrat Joshi were appointed as amici curiae to represent Mrs. Ashwini Nikhil Patil, ensuring fair representation during the proceedings. The court has scheduled further hearings for the PIL related to advocates' protection and the contempt matter to continue on May 8, 2026.
The outcome highlights the judiciary's approach in handling contempt proceedings with a focus on reconciliation and mutual consent to resolve misunderstandings amicably.
Bottom line:-
Contempt proceedings against advocate - Unconditional apology tendered and accepted by the Court - FIRs registered under Bharatiya Nyaya Sanhita, 2023 and Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Misunderstanding and spur of the moment cited as reasons for the incident - Proceedings for quashing of FIRs to be initiated by mutual consent.
Statutory provision(s): Contempt of Courts Act, 1971, Bharatiya Nyaya Sanhita, 2023, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989
