BHANU SUNIL KHAJURIA & ORS. Vs. STATE OF GOA & ANR.
HIGH COURT OF BOMBAY (AT: PANAJI)
Bhanu Sunil Khajuria And Ors.
State Of Goa And Anr.
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NUTAN D.SARDESSAI,J. -
(1.) Rule. Heard forthwith with the consent of the parties. Shri M. Amonkar, learned Additional Public Prosecutor waives notice on behalf of the respondents no.1 and 2 and Shri S.Redkar, learned Advocate waives notice on behalf of the respondent no.3.
(2.) The petitioners take exception to the FIR no.154/2016 dated 30.10.2016 registered with the respondent no.2 based on the complaint lodged by the respondent no.3 for the offences punishable under Sections 323, 354, 504, 141, 143, 147 read with Section 149 IPC and Section 8 of the Goa Children's Act, 2003. It was their case that sometime on 29.10.2016 at 21.30 hours while the respondent no.3 alongwith her friends and relatives were on the way back, there was a scuffle between them and the petitioners which resulted in the filing of the complaint on 30.10.2016 resulting in the registration of the FIR. The petitioner no.1 had also filed a complaint against the respondent no.3 and the other persons involved in the scuffle on 30.10.2016 and an FIR was registered bearing No.155/2016. There has been a composite understanding and an overall amicable resolution of the dispute between the petitioners and the respondent no.3 and others who had filed a separate petition invoking the powers of this Court under Section 482 CrPC for quashing the FIR.
(3.) The petitioners and the respondent no.3 had amicably settled the disputes and the differences between them and did not wish to prosecute the case any further. They also do not wish to strain the relationship between themselves by proceeding with the said criminal case and, therefore, invoked the inherent jurisdiction of this Court under Section 482 CrPC. Thus, keeping in mind the greater view of the petitioners as well as the respondent no.3 and other persons involved in the incident, they had agreed to settle the disputes and differences between themselves and had filed the present petition. The petitioners being students were affected in their academic career to a colossal extent and therefore, prayed for the quashing of the FIR and consequentially the criminal case.;
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