PANAJI
In an assault case where the complainant and the accused reached a compromise during the police investigation, the Bombay High Court at Goa imposed a penalty on the complainant after the government opposed a petition seeking to quash the FIR.
While pronouncing the verdict on the criminal writ petition, the Division Bench of Justice M S Karnik and Justice Valmiki Menezes noted slim chances of conviction and decided to end the criminal case, imposing a Rs 10,000 penalty payable to the Police Welfare Society.
“According to us, considering the nature of the complaint and having regard to the stand of the complainant, it appears that the possibility of conviction is remote and bleak. It would not be in the interest of justice to continue with the criminal proceedings. To secure the ends of justice, we feel that the criminal case be put to an end,” reads the order. The penalty was imposed on the complainant to be paid within two weeks.
The incident dates back to December 20, 2023, when a confrontation between a bike rider and a car driver led to Joginder Singh allegedly punching the complainant in the face.
The complainant who later fell on the road, further alleged that other occupants of the car also assaulted him with stones and kicks. The Calangute police had registered the offense and began an investigation. However, both parties decided to settle the matter, entering into a compromise deed on May 28, 2024.
“The parties have stated that they have settled the matter and the complaint registered against the petitioner be quashed due to the compromise… The compromise is voluntary,” the order refers to the submissions by the persons involved in the alleged fight.
Additional Public Prosecutor Pravin Faldessai had opposed the petition, arguing this was not a fit case for accepting a compromise.
