“The power of the Court under Section 482 CrPC to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.” In a case involving allegations of sexual assault, the Supreme Court has quashed criminal proceedings under Section 376 of the Indian Penal Code (IPC), citing exceptional circumstances and the complainant’s unequivocal disinterest in prosecuting the matter. The Court held that while rape cases are ordinarily not amenable to quashing based on settlements, the facts of this particular case justified judicial intervention under Section 482 of the Code of Criminal Procedure (CrPC).
The decision was delivered by a Bench of Justice Vikram Nath and Justice Sanjay Kumar in appeals arising from a common order of the Aurangabad Bench of the Bombay High Court, which had refused to quash two FIRs, one alleging assault and the other rape, despite an amicable resolution between the parties.
The case arose out of two closely timed lodged complaints. The first complaint alleged unlawful assembly and assault against multiple accused persons under various provisions of the Indian Penal Code, including Sections 324, 141, 143, 147, 149, 452, 323, 504, and 506. A day later, a second complaint was filed against one of the accused, levelling allegations of sexual assault, criminal intimidation, and outraging of modesty. The allegations included sexual exploitation, use of compromising videos for blackmail, and interference with the complainant’s future matrimonial prospects.
Subsequently, in March 2024, the complainant filed an affidavit before the High Court affirming that the matter had been resolved and that she had no objection to the proceedings being quashed. She stated that she had received ₹5,00,000 towards marriage-related expenses and no longer wished to pursue prosecution.
Despite this, the High Court refused to quash either FIR, holding that offences under Section 376 IPC are of a grave and non-compoundable nature, and that compromise or monetary compensation cannot justify quashing proceedings in such cases.
The apex court noted that while the offence under Section 376 IPC is “undoubtedly of a grave and heinous nature,” the power under Section 482 CrPC “is not constrained by a rigid formula” and must be exercised with regard to the “facts of each case.”
“Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly,” the Court acknowledged.
However, it observed that the second FIR was filed immediately after the first one, giving the appearance of a retaliatory action. It further noted that the complainant, now married and settled, had “unequivocally expressed her desire not to pursue the case,” citing the adverse impact that continuation of the prosecution would have on her personal life.
The Court recorded that her affidavit and statements were “neither tentative nor ambiguous,” and that “she has consistently maintained… that she does not support the prosecution and wants the matter to end.”
The Bench observed, “In these circumstances, the continuation of the trial would not serve any meaningful purpose. It would only prolong distress for all concerned, especially the complainant, and burden the Courts without the likelihood of a productive outcome”.
Finally, while setting aside the Bombay High Court’s order, the Court concluded, “Having considered the peculiar facts and circumstances of this case, and taking into account the categorical stand taken by the complainant and the nature of the settlement, we are of the opinion that the continuation of the criminal proceedings would serve no useful purpose and would only amount to abuse of process”.
Case Title: Madhukar & Ors. The State Of Maharashtra & Anr.
Case No.: Arising out of SLP(Crl.)No. 7212 of 2025
Coram: Justice Vikram Nath and Justice Sanjay Kumar
Advocate for Appellant: Advs. Bina Madhavan, S. Udaya Kumar Sagar, S. Tridev Sagar, Shreyasi Kunwar, Aors M/S. Lawyer S Knit & Co, Praseena Elizabeth Joseph
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