Bombay High Court
SHIVA SUKHDEV SATHEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The Court held that, notwithstanding the seriousness of the offences, the FIR and pending proceedings under sections 376 and 504 IPC may be quashed where the complainant and accused have married and jointly consented to a compromise, exercising its supervisory jurisdiction.
Summary
The applicant sought quashment of an FIR and charge-sheet for offences under sections 376 and 504 of the Indian Penal Code, alleging that the informant, who had originally complained, had married the applicant and now wished to withdraw the prosecution. The informant and applicant filed a joint compromise before the court, stating they were living together peacefully as husband and wife. The court considered the registrar's report and the joint compromise, noting the marriage and the informant's consent to withdraw. Despite the seriousness of the alleged offences, the court exercised its supervisory jurisdiction and ordered the FIR, charge-sheet, and pending proceedings to be quashed. No costs were awarded.
Issues considered
- Whether an FIR and charge-sheet for offences under IPC sections 376 and 504 can be quashed on the basis of a marriage between the complainant and accused
- Whether the informant's consent to a joint compromise suffices to extinguish criminal liability in such cases
- Whether the court's supervisory jurisdiction permits setting aside pending criminal proceedings despite the gravity of the alleged offences
Legislation cited
- Indian Penal Code, 1860 — s. 376, 504
Subjects
- marriage
- compromise
- quashment
- FIR
- IPC 376
- IPC 504
- supervisory jurisdiction
- criminal procedure
Judgment
2026:BHC-AUG:46660
32appln2996-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
32 CRIMINAL APPLICATION NO. 2996 OF 2026
Shiva Sukhdev Sathe
VERSUS
The State Of Maharashtra And Another
...
Mr. Wakale Vijay Shivaji, Advocate for the Applicant
Mr. D. J. Patil, APP for the Respondent-State
Mr. A. V. Kasane, Advocate for Respondent No.2/informant
CORAM : HITEN S. VENEGAVKAR, J.
Dated : 5th October, 2026
PER COURT :-
1. Heard the learned Advocate for the applicant, learned
Advocate for respondent no.2 and learned APP for the State.
2. By the present application, the applicant is seeking quashment
of the First Information Report bearing Crime No. 104 of 2024, dated
16.04.2024 registered with Begumpura Police Station, Aurangabad for
the offences punishable under sections 376, 504 of the Indian Penal
Code. As the charge-sheet has already been filed and the matter has
been committed to sessions, the consequential proceedings pertaining
to Special Sessions Case No. 74 off 2925 pending before the learned
Additional Sessions Judge, Aurangbad alongwith all the orders passed
therein and the charge-sheet are also sought to be quashed.
3. The informant, who was 24 years of age at the time of
registration of offence, has alleged the commissioning of offence under
section 376 against the present applicant. The FIR came to be
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registered on 16.04.2024. After the registration of the FIR, the
applicant and the original informant performed marriage on
05.05.2024. The marriage certificate dated 04.07.2024 is placed on
record. Since then, the applicant and the informant are residing
together as husband and wife and they are happily leading their
matrimonial life.
4. The learned Advocate for the applicant and the learned
Advocate appearing for the original informant jointly submit that as the
parties are residing together as husband and wife and leading a
peaceful matrimonial life, the informant has decided not to prosecute
the alleged offence against the present applicant. They submit that the
joint pursis of compromise was submitted before the learned Registrar
(Judicial ) of this court, which is forming the part of the report of the
learned Registrar. In the said joint compromise, the facts of marriage
is stated and they are happily residing together from the date of
marriage as husband and wife has also been stated. The informant
has thus, decided not to proceed with the alleged offence and,
therefore, consented for the quashment of the present offence.
5. I have taken into consideration the report of the learned
Registrar (Judicial) as well as the joint compromise filed on record. In
view of the fact that the present applicant and the original informant
have married with each other and are leading a peaceful and happy
married life, I do not think that any fruitful purpose will be served by
keeping the proceedings pending. No doubt, the alleged offence is
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heinous and serious in nature, but, taking into consideration that the
informant is now married wife of the applicant and their marriage life
is going ahead successfully and happily, this Court is inclined to
exercise its supervisory jurisdiction and quash the proceedings agist the
present applicant. Hence, the following order:
ORDER
(a) Criminal Application No. 2996 of 2026 stands allowed.
(b) First Information Report bearing Crime No. 104 of 2024,
registered with Begumpura Police Station, Aurangabad for the
offences punishable under sections 376, 504 of the Indian Penal
Code, dated 16.04.2024 and consequential charge-sheet/
proceeding bearing Special Sessions Case No. 74 of 2025 pending
on the file of learned Additional Sessions Judge, Aurangabad
alongwith the order dated 22.11.2024 passed in the said
proceedings are hereby quashed and set aside.
(d) No orders as to costs.
(HITEN S. VENEGAVKAR, J.)
JPChavan
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