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VIKRAM NATH, SANJAY KUMAR
Madhukar – Appellant
Versus
State of Maharashtra – Respondent
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 [Cr.P.C.] seeking quashing of criminal proceedings initiated against the appellants herein.
3. The facts giving rise to the present appeals are as follows:
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 fath
Quashing petition – Power of Court under Section 482 Cr.P.C. to secure ends of justice is not constrained by a rigid formula and must be exercised with reference to facts of each case.
The court affirmed that inherent powers under Section 482 allow quashing of FIRs for non-compoundable offences in personal disputes if it serves justice, despite the serious nature of the charges.
The power to quash criminal proceedings based on a settlement between the parties depends on the facts and circumstances of each case, and the court must consider the nature and gravity of the crime,....
The court may quash proceedings for serious offences if a voluntary compromise exists and the likelihood of conviction is remote, promoting harmony between parties.
The court has the power to quash proceedings even in cases involving heinous and serious offences, considering factors such as the stage of the proceedings, the possibility of conviction, and the imp....
Serious offences like rape cannot be compromised or settled, as they have a significant impact on society and public interest in punishing offenders.
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