Case Note & Summary
The petitioner filed a criminal writ petition seeking to quash an FIR and subsequent chargesheet registered against her for offences under Sections 329(3), 324(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The dispute centered around property in Survey No.104/0 at Camurlim Village, where the petitioner claimed her family had been cultivating as tenants since before Goa's liberation, with a tenancy application pending before the Mamlatdar. Respondent No.2, the Attorney of Communidade of Camurlim, filed a complaint alleging the petitioner and co-accused dug a playground on the property with a tractor. The petitioner argued the FIR and chargesheet constituted an abuse of process as they criminalized a civil tenancy dispute and failed to make out the ingredients of the alleged offences. Respondent No.2 contended the allegations disclosed trespass and mischief. The court examined the complaint, chargesheet, and recorded statements, finding that even taking the allegations at face value, the ingredients of the offences under BNS were not satisfied. The court noted the complainant was aware of the pending tenancy proceedings and the petitioner's family's historical connection to the property as Gaonkars. The court held that initiating criminal proceedings in these circumstances amounted to giving criminal color to a civil dispute, constituting an abuse of the legal process. Consequently, the court quashed the FIR and chargesheet, allowing the petition.
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) - Petitioner sought quashing of FIR and chargesheet alleging offences under BNS - Court examined allegations and found no ingredients of offences made out - Held that criminal proceedings were initiated to give criminal color to civil tenancy dispute, constituting abuse of process (Paras 7-14). B) Criminal Law - Offences Under BNS - Ingredients Not Satisfied - Bharatiya Nyaya Sanhita, 2023, Sections 329(3), 324(4) read with 3(5) - FIR registered for alleged trespass and mischief on property - Court analyzed complaint, chargesheet, and statements - Found allegations even at face value did not establish required elements of offences - Held that prosecution failed to make out case under specified sections (Paras 10-12). C) Property Law - Tenancy Dispute - Criminalization of Civil Matter - Goa, Daman and Diu Agricultural Tenancy Act, 1964 - Petitioner claimed tenancy rights over property, with application pending before Mamlatdar - Respondent No.2 (Complainant) aware of tenancy proceedings - Court found criminal complaint filed despite knowledge of civil dispute - Held that giving criminal color to tenancy dispute amounts to abuse of legal process (Paras 3, 7, 12).
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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 ingredients of the alleged offences under BNS, 2023
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Final Decision
FIR No.79/2024 dated 12.10.2024 and Chargesheet No.3/2025 dated 27.01.2025 quashed and set aside. Rule made absolute.
