Ashok Ravji Sawant vs The State Of Maharashtra on 23 February, 2026

Supreme Court – Daily Orders

Ashok Ravji Sawant vs The State Of Maharashtra on 23 February, 2026

Author: Vikram Nath

Bench: Vikram Nath

     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 23rd July, 2024 passed by the High Court of

Judicature at Bombay, Principal Bench (hereinafter

Signature Not Verified being referred to as the ‘High Court’), in Criminal
Digitally signed by
NEETU KHAJURIA
Date: 2026.02.27
17:04:00 IST
Reason:
Writ Petition No. 3149 of 2022, whereby the High Court

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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 17th 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

SLP(Crl.) No.19359/2025
2
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

SLP(Crl.) No.19359/2025
3
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 23rd March, 2026.

           (NEETU KHAJURIA)                      (RANJANA SHAILEY)
        ASST.REGISTRAR-CUM-PS                   ASSISTANT REGISTRAR




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