Case Note & Summary
The petitioner, Menino Camilo Fernandes, filed a criminal writ petition under Article 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Crime No.183 of 2011 registered at Colva Police Station for offences punishable under Section 323 of the Indian Penal Code, 1860, and Section 8(2) of the Goa Children's Act, 2003. The petitioner was arraigned as an accused in the said crime. The dispute arose between the petitioner and the respondents no.2 and 3, Jose Dias and Jaison Dias. The petitioner had a son aged 17 years, while respondent no.2 had a son, respondent no.3, aged 20 years. The parties subsequently amicably settled their differences and mutually did not wish the criminal investigation or prosecution to proceed further. The petitioner therefore approached the High Court for quashing of the FIR and chargesheet. The High Court, after hearing the learned advocates for the parties and noting the compromise, held that since the parties had settled the matter and did not wish to continue with the proceedings, continuing the prosecution would be an abuse of the process of law. Accordingly, the court quashed the FIR and chargesheet in Crime No.183 of 2011 and disposed of the petition.
Headnote
A) Criminal Procedure - Quashing of FIR - Compromise - Section 482 CrPC - The petitioner sought quashing of FIR and chargesheet registered under Section 323 IPC and Section 8(2) of the Goa Children's Act, 2003, on the ground that the parties had amicably settled the dispute. The High Court, exercising its inherent powers under Section 482 CrPC, quashed the FIR and chargesheet, holding that when the parties have settled the matter and do not wish to proceed, continuing the prosecution would be an abuse of process of law. (Paras 4-5)
Issue of Consideration
Whether the FIR and chargesheet can be quashed on the basis of an amicable settlement between the parties in a case involving offences under Section 323 IPC and Section 8(2) of the Goa Children's Act, 2003.
Final Decision
The High Court quashed the FIR and chargesheet in Crime No.183 of 2011 registered with Colva Police Station and disposed of the criminal writ petition.
Law Points
- Compromise in non-compoundable offences
- Quashing of FIR under Section 482 CrPC
- Inherent powers of High Court
- Settlement between parties
