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2022 Supreme(Bom) 306

SADHANA S.JADHAV, MANISH PITALE
Vijay Chowgule son of late Shri Vishwasrao Chowgule – Appellant
Versus
State of Goa through its Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shivan Desai, Advocate
For the Respondent:Mr. S. G. Bhobe, Public Prosecutor, Mr. Abhijeet Gosavi, Advocate

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 M

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