PANAJI
A neighbourhood feud over a WhatsApp message that dragged two families into a seven-year criminal battle has ended with the High Court of Bombay at Goa quashing the case, but not before imposing Rs 2 lakh exemplary costs on both sides for needlessly engaging the police and judicial machinery.
The dispute dates back to April 20, 2019, when a misunderstanding over a WhatsApp chat triggered an altercation between neighbours in Anjuna. The local police subsequently registered cross-FIRs for unlawful assembly, rioting, assault and mischief, and chargesheeted the case in July 2019. The Judicial Magistrate First Class at Mapusa initiated trial proceedings.
During the hearing, the High Court was informed that relatives and friends intervened to resolve the families' differences. Advocate Rohan Desai, appearing for the petitioners, and Advocate Nigel Fernandes, representing the complainant, placed the settlement before the court.
The complainant’s affidavit described it as an “unfortunate misunderstanding” and confirmed she had no surviving grievances against the petitioners and neither wished to support the prosecution.
The prosecution did not oppose quashing the proceedings in view of the settlement, but sought exemplary costs, pointing out that a trivial neighbourhood dispute had unnecessarily consumed the time and resources of the police and courts.
Accepting the settlement, the High Court relied on Supreme Court precedents permitting the quashing of criminal proceedings in non-heinous disputes of a private nature. It held that continuing the prosecution would serve no useful purpose and quashed both FIRs, the chargesheet and the consequential trial proceedings.
It then directed the petitioners to jointly pay Rs 1 lakh and the complainant to pay another Rs 1 lakh to Matruchayya Trust in Ponda within four weeks. The parties must submit affidavits confirming payment before the court registry by December 7.
