LexMADHUKAR & ORS. versus THE STATE OF MAHARASHTRA
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[2025] 7 S.C.R. 568 : 2025 INSC 819 Madhukar & Ors. v. The State of Maharashtra (Criminal Appeal No. 2957 of 2025) 14 July 2025 [Vikram Nath* and Sanjay Kumar, JJ.] 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. Headnotes† 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] * Author [2025] 7 S.C.R. 569 Madhukar & Ors. v. The State of Maharashtra List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860. List of 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; Continuation of the criminal proceedings would serve no useful purpose; Trial would not serve any meaningful/useful purpose. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2957 of 2025 From the Judgment and Order dated 07.03.2025 of the High Court of Judicature at Bombay at Aurangabad in CRLA No. 2561 of 2024 With Criminal Appeal No. 2958 of 2025 Appearances for Parties Advs. for the Appellants: Ms. Bina Madhavan, S.. Udaya Kumar Sagar, S. Tridev Sagar, M/S. Lawyer S Knit & Co., Ms. Praseena Elizabeth Joseph, Ms. Shreyasi Kunwar. Judgment / Order of the Supreme Court 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 570 [2025] 7 S.C.R. Supreme Court Reports 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 Station, District Jalgaon under Sections 324, 141, 143, 147, 149, 452, 323, 504, and 506 of the Indian Penal Code, 18602 against the appellants in SLP(Crl) No.7212 of 2025. 3.2. A second FIR bearing Crime No. 304 of 2023 dated 21.11.2023 (“2nd FIR”) was registered at the same police station under Sections 376, 354-A, 354-D, 509, and 506 IPC against the appellant in SLP(Crl) No.7495 of 2025, giving rise to Sessions Case No. 29 of 2024. 3.3. The 1st FIR alleged that on 19.11.2023, the appellants formed an unlawful assembly and assaulted the complainant and her family members, including her father Prabhakar (appel
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