PANAJI
The High Court of Bombay at Goa has quashed a criminal case against two priests of the Archdiocese of Goa and Daman, observing that the proceedings had continued for over 15 years without a chargesheet and that the property dispute had since been settled.
The case related to a dispute between the parties from a long-standing controversy concerning property bearing Chalta No. 44A of P.T. Sheet No. 162 at Caranzalem, Panaji, and alleged tenancy rights. The dispute was the subject matter of several revenue, civil and writ proceedings.
While allowing the plea filed by priests Fr Arlino D’Mello, 72, and Fr Victor Rodrigues, 84, Justice Amit Jamsandekar noted that no chargesheet was filed for more than 15 years after registration of the FIR.
“...since the registration of the FIR, no chargesheet has been filed against the Petitioner to date. The extraordinary delay, coupled with the absence of any final prosecutorial outcome, renders continuation of the criminal proceedings unjust and serves no useful purpose. Therefore, this is a fit case to put an end to the criminal proceedings,” reads the order by Justice Amit Jamsandekar.
The Court also took note of the settlement reached in the underlying civil and property dispute. The legal heirs of the original complainant entered into a Settlement Agreement and Affidavit-cum-Undertaking dated June 17, 2026, with Respondent No. 3, M/s Models Real Estate Developers, recording that all claims and disputes, including the alleged tenancy rights dispute, had been fully, finally and irrevocably settled.
“Therefore, in view of the settlement, I am satisfied that the substratum of the prosecution no longer survives, and the continuation of the FIR would amount to an unnecessary continuation of the criminal process in respect of a civil dispute which has been conclusively resolved between the concerned parties,” the Court further stated.
While quashing the proceedings, the High Court also imposed costs of Rs 4 lakh on the two priests, along with the respondents -- legal heirs of the original complainant and M/s Models Real Estate Developers -- to be paid to the Goa State Legal Services Authority.
