IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL WRIT PETITION NO.220 OF 2025(F)
(Ashish Chavan J.)
Disposed on 02.05.2026
Mrs Rajashree Naik Gaonkar … Petitioner
Versus
State of Goa and Anr. … Respondents
Section 528 of BNSS – Criminal colour cannot be given to a dispute which is civil in nature – quashed FIR and Chargesheet for the offences punishable under Sections 329(3), 324(4) r/w 3(5) of BNS 2023 pending before the learned JMFC, Mapusa
Held
It is thus evident that the complaint, even taken at face value, does not make out any ingredients of the offences punishable under Sections 329(3), 324(4) r/w 3(5) of BNS 2023. The chargesheet also reflects the aforesaid complaint of Mr Deepak Naik dated 21.09.2024 addressed to the Colvale Police Station. It is a verbatim reproduction of the complaint made by the Communidade of Camurlim. The statements recorded by the Police, forming part of the chargesheet, also do not make out any ingredients of the offences for which the Petitioner herein is being prosecuted for. (paragraphs 10 and 11)
The continuation of the proceedings against the Petitioner would amount to an abuse of law and the complaint , allegations in the FIR taken at face value and material collected during investigation would fall within the parameters set out in the judgments of the Honourable Supreme Court in Anand Kumar Mohatta Vs. State (NCT of Delhi), Joseph Salvaraj A. V/s State of Gujarat, A.M. Mohan V/s State, Mamta Shailesh Chandra V/s State of Uttarkhand.( Para 13)
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