ITEM NO.29 COURT NO.2 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 19359/2025 [Arising out of impugned final judgment and order dated 23-07-2024 in CRLWP No. 3149/2022 passed by the High Court of Judicature at Bombay]

ASHOK RAVJI SAWANT & ANR. Petitioner(s)

VERSUS THE STATE OF MAHARASHTRA & ANR. Respondent(s)

FOR ADMISSION and I.R.

IA No. 297659/2025 - EXEMPTION FROM FILING O.T.

Date : 23-02-2026 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) : Mr. Vishal Navale, Adv.

Miss Kalra Sukhda Kishore, AOR Mr. Deepin Deepak Sahni, Adv.

Ms. Shreya Gupta, Adv. Ms. Ananya Arora, Adv.

Mr. Varun Khetwani, Adv.

For Respondent(s) : Mr. Aaditya Aniruddha Pande, AOR UPON hearing the counsel the Court made the following

O R D E R

This Special Leave Petition arises from the order dated 23^rd July, 2024 passed by the High Court of Judicature at Bombay, Principal Bench (hereinafter being referred to as the ‘High Court’), in Criminal N D E at E e T : U 20 K 2 H 6. A 0 J 2 U .2 R 7 IA Writ Petition No. 3149 of 2022, whereby the High Court

17:04:00 IST Reason:

dismissed the petition filed by the petitioners under Article 226 of the Constitution of India seeking quashing of the criminal proceedings pending against them.

The petitioners were tried by the learned J.M.F.C., Mahad (hereinafter being referred to as the ‘trial Court’) in R.C.C. No. 11 of 2004. Vide judgment dated 17^th March, 2011, the trial Court proceeded to convict the petitioners for the offence punishable under Section 326 read with Section 34 of the Indian Penal Code, 1860 (For Short, ‘IPC’) and sentenced them to undergo three months of simple imprisonment and to pay a fine of Rs.500/-each. The petitioners were acquitted of the offences punishable under Sections 504 and 506 IPC read with Section 34 IPC by the very same judgment.

Being aggrieved, the petitioners preferred Criminal Appeal No. 18 of 2011 before the Learned Sessions Court, Mangaon challenging their conviction, which is presently pending adjudication.

During the pendency of aforesaid criminal appeal, the petitioners preferred Criminal Writ Petition No. 3149 of 2022 before the High Court seeking quashing of the conviction based on compromise arrived with the complainant. The High Court dismissed the said writ petition by the impugned order dated 23^rd July, 2024.

We have heard and considered the submissions advanced by the learned counsel for the parties and have gone through the material available on record.

We are of the firm opinion that the High Court did not commit any error whatsoever in dismissing the writ petition filed by the petitioners. Suffice it to say that the High Court, under Article 226 of the Constitution of India could not have been invoked for quashing of the conviction recorded by the criminal Court after a full-fledged trial, if at all the petitioners and the complainant(s) had arrived at a settlement and wanted to amicably resolve their disputes.

The lawful procedure would be to move an appropriate application under Section 320 of the Code of Criminal Procedure, 1973 (for Short, ‘CrPC’) (corresponding to Section 359 of the BNSS) before the Court where the appeal was pending. In case the said application was not favourably considered by the appellate Court, then the petitioners would have to avail suitable remedy against such rejection before the High Court.

Be that as it may, since the petitioners and the complainant(s) are now before this Court, we hereby direct the parties to move a suitable application under Section 320 CrPC (corresponding to Section 359 of the BNSS) before the appellate Court. The order passed on the said application be placed on record of the present special leave petition by the next date.

List again on 23^rd March, 2026.

(NEETU KHAJURIA) (RANJANA SHAILEY)

ASST.REGISTRAR-CUM-PS ASSISTANT REGISTRAR