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2022 Supreme(Bom) 306
IN THE HIGH COURT OF BOMBAY AT GOA
Sadhana S. Jadhav, Manish Pitale, JJ.
Vijay Chowgule son of late Shri Vishwasrao Chowgule - Petitioner
Versus
State of Goa through its Public Prosecutor and ors. – Respondents
Criminal Writ Petition No.831 of 2021(Filing)
Decided On : 04-01-2022
Advocate Appeared:
For the Petitioner:Mr. Shivan Desai, Advocate
For the Respondent:Mr. S. G. Bhobe, Public Prosecutor, Mr. Abhijeet Gosavi, Advocate
Headnote:
Seeks Relief of Quashing of FIR - Petitioner herein seeks relief of quashing of FIR/Chargesheet filed in Crime registered at Mormugao Police Station – Held, In course of investigations, it appears that there is amicable settlement between complainant and accused - Complainant has also filed an affidavit-cum-undertaking before investigating agency of Police Station, contending therein that there has been amicable settlement between complainant and accused and he does not wish to prosecute case any further - In view of this, chargesheet filed in Crime deserves to be quashed and proceedings in IPC Case pending before Judicial Magistrate First Class, at Vasco are quashed and set aside – Petition allowed.
JUDGMENT :
Sadhana S. Jadhav, J.
Heard the respective parties.
2. Rule. Rule made returnable with the consent of the parties.
3. The petitioner herein seeks the relief of quashing of FIR/Chargesheet filed in Crime No.29/2020 registered at Mormugao Police Station, Bogda, Alto-Desterro, Mormugao Goa. The complainant Mr. Vishal D'Souza, had filed a report to the Mormugao Police Station against the petitioner alleging offences punishable under Section 279, 427 and 506 of the Indian Penal Code. On the basis of this report, Crime No.29/2020 was registered against the petitioner on 12.12.2020. Investigation was completed and chargesheet is filed.
4. In the course of investigations, it appears that there is amicable settlement between the complainant and the accused. The complainant has also filed an affidavit-cum-undertaking before the investigating agency of Mormugao Police Station, Bogda contending therein that there has been amicable settlement between the complainant and the accused and he does not wish to prosecute the case any further. In view of this, the chargesheet filed in Crime No.29/2020 deserves to be quashed and the proceedings in IPC Case No.34/2021 pending before the Judicial Magistrate First Class, at Vasco are quashed and set aside.
5. The petition is allowed in the above terms and stands disposed of.
