Case Note & Summary
The petitioner filed a criminal writ petition seeking quashing of FIR No. 79/2024 dated 12.10.2024 registered at Colvale Police Station and subsequent chargesheet No. 3/2025 dated 27.01.2025 pending before JMFC, Mapusa, for offences under Sections 329(3), 324(4) read with 3(5) of Bharatiya Nyaya Sanhita, 2023. The petitioner was accused no. 2 along with co-accused Jayesh Arondekar. The FIR was registered based on a complaint by Respondent No. 2, the Attorney of Communidade of Camurlim, alleging that the petitioner and co-accused engaged a tractor and dug a playground in property bearing Survey No. 104/0 at Camurlim Village. The petitioner contended that her grandfather-in-law had been cultivating the property as a tenant prior to Goa's liberation, and after his death, her family continued cultivation. Her mother-in-law had filed a tenancy application under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 before the Mamlatdar at Mapusa, which was pending. The petitioner argued that the FIR and chargesheet constituted an abuse of process as they gave criminal color to a civil tenancy dispute, and the ingredients of the alleged offences were not made out. Respondent No. 2 opposed the petition, contending that the FIR and chargesheet disclosed trespass and mischief. The court examined the record including the complaint, chargesheet, and statements. The court found that the complaint, even taken at face value, did not make out ingredients of the offences under BNS 2023. The chargesheet included the tenancy application and revealed that the petitioner's grandfather-in-law was a Gaonkar (indirect owner) of the property. The court held that taking the allegations in the FIR, chargesheet, and statements, the ingredients of the offences were not made out. The court accepted the petitioner's submission that the Communidade, despite being a party to the tenancy application and knowing the petitioner's family's status, filed the complaint to give criminal color to a civil dispute. Consequently, the court quashed and set aside the FIR and chargesheet, holding that the prosecution constituted an abuse of process of law.
Headnote
A) Criminal Procedure - Quashing of FIR and Chargesheet - Abuse of Process - Bharatiya Nyaya Sanhita, 2023, Sections 329(3), 324(4) read with 3(5) - The petitioner sought quashing of FIR and chargesheet alleging offences under BNS 2023 related to digging of playground - Court examined FIR, chargesheet, and statements and found no ingredients of alleged offences made out - Held that criminal proceedings were initiated to give criminal color to civil tenancy dispute, constituting abuse of process (Paras 7-12). B) Criminal Law - Offences Under BNS 2023 - Ingredients Not Satisfied - Bharatiya Nyaya Sanhita, 2023, Sections 329(3), 324(4) read with 3(5) - Petitioner was accused of digging playground with tractor in property subject to tenancy dispute - Court analyzed complaint and chargesheet allegations and found they did not disclose necessary elements for offences under BNS 2023 - Held that taking allegations at face value, no prima facie case established against petitioner (Paras 10-12). C) Property Law - Tenancy Dispute - Criminalization of Civil Matter - Goa, Daman and Diu Agricultural Tenancy Act, 1964 - Petitioner's family had long-standing tenancy claim over property, with application pending before Mamlatdar - Respondent No.2 (Communidade) was aware of tenancy proceedings but filed criminal complaint - Court found criminal proceedings were attempt to settle civil tenancy dispute through criminal means - Held that giving criminal color to civil dispute constitutes abuse of process (Paras 3, 7, 12).
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: Whether the FIR and chargesheet should be quashed as they constitute an abuse of process of law and fail to make out the alleged offences under BNS 2023
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
FIR No.79/2024 dated 12.10.2024 registered at Colvale Police Station for offences under Sections 329(3), 324(4) read with 3(5) of BNS 2023 and subsequent Chargesheet No.3/2025 dated 27.01.2025 pending before JMFC, Mapusa quashed and set aside. Rule made absolute.
