Settling parties directed to pay costs for setting prosecution into motion and expending valuable judicial time and effort

Richard Queiroz Vs State of Goa

Bombay HC, Goa Bench

16/01/2019

CRIMINAL WRIT PETITION NO. 205 OF 2018

About/from the judgment:

The High Court imposed costs on the petitioners while allowing the petition for quashing of a charge-sheet in a criminal case for the offences punishable under Sections 143, 427, 447 read with 147 IPC.

 

Petitioners represented by Vibhav Rajiv Amonkar, Advocate sought quashing of the charge-sheet. S.R. Rivankar, Public Prosecutor and S.P. Munj, Advocate appeared for the respondents. The complainant filed an affidavit stating that he had no objection to the same as the complaint was filed due to a misunderstanding between parties. He stated that the dispute was amicably settled and no grievance survived.

 

Noting that the offences alleged against the petitioners were not serious offences and the parties had resolved the dispute amongst themselves, the High Court was inclined to grant the relief of quashing the charge-sheet as prayed for. Principles laid down in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Narinder Singh v. State of Punjab, (2014) 6 SCC 466; and Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641 were followed. However, it was observed that certain costs had to be paid because the prosecution was set into motion on account of the parties and valuable judicial time and efforts had to be expended. The Court was of the view that the petitioners, as well as the complainant, were liable to pay costs. However, the petitioners volunteered to bear the costs and thus they were directed to pay Rs 5000 each to the Goa State Legal Services Authority.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

© 2018 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.