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Criminal · Reportable judgment

Madhukar & Ors. vs The State of Maharashtra

Court
Supreme Court of India
Date
14 July 2025
Case No.
Criminal Appeal No. 2957 of 2025
Result
Allowed
Bench
Vikram Nath, Sanjay Kumar
Citation
[2025] 7 S.C.R. 568 : 2025 INSC 819
Acts & Sections
CrPC IPC
Supreme Court Reports [2025] 7 S.C.R. 568 : 2025 INSC 819
Issue for consideration
Whether in the facts and circumstances of the case, the High Court erred in dismissing the petitions filed by the appellants u/s.482, CrPC seeking quashing of criminal proceedings initiated against them, and holding that the proceedings involving serious offence u/s.376, IPC could not be quashed merely on the basis of a settlement or monetary compensation.
Headnote

Code of Criminal Procedure, 1973 – s.482 – Quashing of proceedings involving serious offences including s.376, IPC on the ground of settlement between the parties – Permissibility: Held: Ordinarily, quashing of proceedings involving grave and heinous offences like s.376, IPC on the ground of settlement between the parties is discouraged and should not be permitted lightly – However, the power of the Court u/s.482 CrPC is not constrained by a rigid formula and must be exercised with reference to the facts of each case – In the present matter, the FIR invoking serious charges, including s.376, IPC, was filed immediately following an earlier FIR lodged by the opposing side – Thus, the second FIR may have been reactionary – More importantly, the complainant in the second FIR has unequivocally expressed her desire not to pursue the case stating that she is now married, settled in her personal life, and continuing with the criminal proceedings would only disturb her peace and stability – Parties have amicably resolved their differences and arrived at a mutual understanding – In the peculiar facts and circumstances of the case, the continuation of the criminal proceedings would amount to abuse of process – Impugned order of High Court set aside – FIRs along with all proceedings, quashed – Penal Code, 1860 – ss.324, 141, 143, 147, 149, 452, 323, 504, 506; ss.376, 354-A, 354-D, 509, 506. [Paras 6-9]

Keywords: Quashing · Quashing of proceedings involving serious offences including Section 376, IPC · Settlement between the parties · Amicable resolution · Settlement or monetary compensation · Nature of the settlement · Compromise · Section 376, IPC grave and heinous · 1st FIR · 2nd FIR · Second FIR reactionary · Mutual understanding · Differences amicably resolved · Unlawful assembly · Sexual assault · Criminal intimidation · Sexual exploitation · FIRs quashed · Abuse of process

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Vikram Nath, J. 1. Leave granted. 2. The present appeals arise from a common order dated 07.03.2025 passed by the High Court of Judicature at Bombay, Aurangabad Bench in Criminal Application Nos. 2561 and 2185 of 2024, whereby the High Court dismissed the petitions filed under Section 482 of the Code of Criminal Procedure, 19731 seeking quashing of criminal proceedings initiated against the appellants herein. 3. The facts giving rise to the present appeals are as follows: 3.1. FIR bearing Crime No. 302 of 2023 dated 20.11.2023 (“1st FIR”) was registered at Mehunbare Police Statio
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