The Supreme Court has stayed an order of the Bombay High Court that had issued a series of directions to secure the presence of an accused in a matrimonial dispute that has remained pending for over 15 years, while issuing notice on a petition seeking quashing of the criminal proceedings.
A Bench of Justice Manoj Misra and Justice Manmohan was hearing a special leave petition challenging an April 1, 2024, order of the Bombay High Court. The petitioner had invoked the High Court’s inherent powers seeking quashing of the proceedings on the ground that the case had remained pending for more than fifteen years and that prosecution witnesses were not coming forward to participate in the trial.
According to the petitioner, instead of considering the prayer for quashing, the High Court issued multiple directions aimed at ensuring his presence before the trial court. Pursuant to those directions, a non-bailable warrant had also been issued against him.
The petitioner further contended before the Supreme Court that the original informant had since remarried and that continuation of the criminal proceedings amounted to an abuse of the process of law. It was also submitted that he is presently residing in the United States and had therefore been unable to participate in the proceedings, though he would be in a position to appear before the trial court in July 2026.
Taking note of the submissions, the Supreme Court issued notice on both the application for condonation of delay and the special leave petition, making them returnable in the third week of August 2026.
Pending further consideration, the Court directed that the impugned order of the Bombay High Court dated April 1, 2024 shall remain stayed. At the same time, it directed the petitioner to appear before the Magistrate Court where the matter is pending on or before July 31, 2026.
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