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

Bombay High Court: The Division Bench of M.S. Sonak and Prithviraj K. Chavan, JJ. 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 303Narinder 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. [Richard Queiroz v. State of Goa, 2019 SCC OnLine Bom 72, dated 16-01-2019]

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