Mukesh Kumar Vinod Kumar Gautam v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.694 OF 2025 Mukesh Kumar Vinod Kumar Gautam ] .. Petitioner
Versus
1. State of Maharashtra, ] Through Kanjurmarg Police Station ]
2. XYZ ] .. Respondents Mr. Yash Arora, Advocate for the Petitioner.
Mr. K.V. Saste, Additional Government Pleader for Respondent No.1-State of Maharashtra.
Mr. Chandrakant Pawar, Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 3RD DECEMBER 2025.
PER, GAUTAM A. ANKHAD, J.
The present Writ Petition is filed under Article 226 of the Constitution of India and section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashing, by consent, of the FIR bearing CR No.62 of 2023 registered with the Kanjurmarg Police Station against the petitioner. A charge-sheet is filed before the learned Sessions Court, Mumbai in the proceedings bearing Special Case No.836 of 2023.
2.
The differences between the parties have now been settled amicably. The affidavit dated 19th December 2024 on behalf of the respondent no.2, who is the victim, records that the petitioner and respondent no.2 are now married and thus she has no objection to quashing of the FIR and all proceedings arising therefrom. The parties are present in the Court and identified by their respective 1/2 921-WP-694-2025.doc Dixit
counsel. The parties have affixed their signatures and recorded their appearance in their own handwriting on a blank sheet of paper. The appearance of the parties and the copies of their Aadhaar cards are taken on record.
3.
It is well settled principle of law, as reiterated by the Hon'ble Supreme Court in "Naushey Ali v. State of U.P." (2025) 4 SCC 78, that the inherent power of this Court is distinct from the power to compound offences and thus, even cases where noncompoundable offences are involved can be quashed under the inherent powers of the Court when the ends of justice justify such exercise of power. The parties are now married and wish to continue their lives peacefully. In such circumstances, continuance of the criminal proceedings would not bear any fruitful purpose. Writ Petition No.694 of 2025 is allowed in terms of prayer clause (b) which reads as under: "(b) The Hon'ble Court may be invoking writ jurisdiction under Article 226 of the Constitution of India and by exercising its inherent powers under section 482 of the Criminal Procedure Code, issue appropriate writ, order or direction in the Special Case No.836 of 2023 before the learned Sessions Court, Mumbai be quashed and set aside."
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:
2025.12.10 13:38:24 +0530 2/2 921-WP-694-2025.doc Dixit SNEHA ABHAY DIXIT