148. APL 1768-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1768 OF 2026 Shariq Firoz Shaikh .Applicant Vs. The State of Maharashtra & anr. .Respondents Mr. Ritesh Karkera, Advocate, for the Applicant Mr. A. A. Palkar, APP, for Respondent No. 1 – State Mr. M. M. Khot, Advocate, for Respondent No. 2 CORAM : MILIND N. JADHAV, J. DATE : 11.09.2026 P. C. 1. Heard Mr. Karkera, learned Counsel for the Applicant, Mr. Palkar, learned APP for Respondent No.1 – State and Mr. Khot, learned Counsel for Respondent No. 2. 2. The Applicant and the Complainant are both before the Court. They are, in fact, married to each other and very happy. The present complaint was filed more than six years ago under Section 376(2)(n) and other provisions. Since the parties have married each other and the Criminal prosecution/proceeding is pending, they have persuaded the Court to quash the proceedings. In such matters, the Court should step in put an end to the Criminal prosecution, since the parties in such facts cannot be forced to live with the ignominy of the Criminal Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.21 21:12:23 +0530 148. APL 1768-2026.doc prosecution and proceedings as a Sword of Damocles especially when both the parties are happily married to each other. Adhering to the request made and the Consent Affidavit dated 07.09.2026, a copy of which is given to the Court, the Petition stands allowed. 3. Section 482 of the Criminal Procedure Code, 1973 conferred inherent powers on High Courts to pass such orders as are justified to give effect to any order in the Court, prevent abuse of process of any Court or secure the ends of justice. In the BNSS this provision stands incorporated with Section 528 which substantially reproduces the language and intent of Section 482 of the CRPC, 1973 High Courts invoke this provision to step in where cases have been instituted with malafide motives or to harass the accused person thereby avoiding procedural harassment. It empowers Court to dismiss FIRs or criminal proceedings if there is no prima facie case or evidence against the accused person/s or if orders are made in violation of the principles of natural justice. The exercise of such powers under Section 482 of CRPC and now Section 528 of BNSS remains discretionary and varies from case to case. 4. In State of Harayana vs Bhajan Lal1 the Supreme Court laid down model categories and guidelines in paragraph No. 102 of the said judgment in which the FIRs can be quashed. The Supreme Court has 1 1992 AIR 604 Anand 2 of 4 148. APL 1768-2026.doc further asserted that power under Section 482 is an acknowledgment of "powers inherent" and not the source of powers additional. It has held that even non compoundable offences can be quashed where necessary. It has held that High Courts have to decide whether the prosecution of an offence would further or be against the interest of justice. It is also held that grievous offences such as murder, rape, and dacoity cannot ordinarily be quashed even after settlement because they involve societal implication. 5. In the above context, when parties settle their private dispute or the lis between them is purely civil and commercial or matrimonial and the offence is not heinous or does not impact the society at large, the Court can consider such request. 6. In view of the above matter, the present Petition deserves to be allowed. It is so allowed in terms of prayer clauses ‘a’ and ‘b’ which read thus:- “a) Quash and set aside C.R. No.33 of 2021 registered with Vikhroli Police Station, Mumbai, for offences punishable under Sections 376(2)(N), 377 and 506 of the Indian Penal Code, 1860, and all consequential proceedings arising therefore, insofar as the present Applicant is concerned; b) Quash and set aside Sessions Case No. 100401 of 2024 bearing CNR No. MHCC020073692024 pending before the learned Additional Sessions Judge, Court No. 35, Mumbai, arising out of C.R. No. 33 of 2021, and all consequential proceedings arising therefrom, insofar as the present Applicant is concerned.” Anand 3 of 4 148. APL 1768-2026.doc 7. Criminal Application is allowed and disposed. (MILIND N. JADHAV, J.) Anand 4 of 4