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Bombay High Court

ANIRUDH UMESH PARAB AND 10 ORS.versusSTATE OF GOA THR. PUBLIC PROSECUTOR AND 2 ORS.

Disposal
Disposed of

Holding

The High Court quashed the FIRs and chargesheets, allowing the petitions, on the ground of a genuine consensual settlement and non‑heinous nature of the offences.

Summary

The petitioners, members of two rival Mahajan groups, filed cross‑petitions seeking the quash of FIRs No. 39/2024 and 40/2024 and the related chargesheets in criminal cases IPC/104/2025 and IPC/102/2025, arising from a dispute over a religious function. Both groups entered into a mutual settlement, executed consent terms stating the dispute was resolved without coercion, and jointly requested the court to set aside the criminal proceedings. The High Court examined whether, under Article 226 of the Constitution and Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, a court may quash FIRs and chargesheets on the basis of a consensual settlement for non‑heinous offences. Finding the settlement genuine and the offences not grave, the Court allowed the petitions, quashing the FIRs and chargesheets, and ordered the parties to pay a joint cost of Rs 2,50,000. The relief is conditional upon payment of the stipulated costs.

Issues considered

  • Whether FIRs and chargesheets can be quashed on the basis of a consensual settlement between the parties under Article 226 and Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023.
  • Whether the court may impose costs on the parties as a condition for the relief.

Legislation cited

Subjects

  • quash FIR
  • consent settlement
  • religious dispute
  • criminal procedure
  • Section 528
  • Article 226
  • costs
  • High Court of Bombay at Goa

Judgment

2026:BHC-GOA:1862                                                           Sakharam S. Parab & 6 Ors.
                                                                           Anirudh U. Parab & 10 Ors.
                                                                                                    Vs.
                                                                                         State & 2 Ors.
                                               __________________________________________________
                                                                     903 WPCR Nos. 398 & 292 of 2026



               Esha

                      IN THE HIGH COURT OF BOMBAY AT GOA


                        CRIMINAL WRIT PETITION NO. 398 OF 2026

             SAKHARAM PARAB & 6 OTHERS                            … PETITIONERS


                            ~ VERSUS ~


             THE STATE OF GOA & 2 OTHERS                        … RESPONDENTS


             A PPEARANCES :


             for the Petitioners       Mr. Ryan Menezes with Ms. M. Silva
             for Respondent Nos. 1 & 2 Additional Public Prosecutor, Ms.
                                       Swati Kamat Wagh
             for Respondent No. 3      Mr. Ravi Gawas



                        CRIMINAL WRIT PETITION NO. 292 OF 2026

             ANIRUDH U. PARAB & 10 OTHERS                         … PETITIONERS


                            ~ VERSUS ~


             THE STATE OF GOA & 2 OTHERS                        … RESPONDENTS



                                          Page 1 of 7
                                         Sept. 11, 2026
                                                                       Sakharam S. Parab & 6 Ors.
                                                                      Anirudh U. Parab & 10 Ors.
                                                                                               Vs.
                                                                                    State & 2 Ors.
                                          __________________________________________________
                                                                903 WPCR Nos. 398 & 292 of 2026


A PPEARANCES :


for the Petitioners              Mr. Ravi Gawas
for Respondent Nos. 1 & 2        Additional Public Prosecutor, Mr.
                                 Preetam Talaulikar
for Respondent No. 3             Mr. Ryan Menezes with Ms. M. Silva



                       CORAM : AMIT S. JAMSANDEKAR, J.
                       DATED : 11th SEPTEMBER 2026
P.C:

 1. Heard the learned Counsel for the parties


 2. The above-captioned cross-petitions have been filed by the respective

       parties against each other, seeking quashing of FIRs Nos. 39/2024 and

       40/2024 and chargesheets in Criminal Case Nos. IPC/104/2025 and

       IPC/102/2025. The FIRs came to be registered at Pernem Police

       Station, Goa, against the Petitioners and the 3rd Respondent for the

       offences punishable under Sections 323, 324, 352, 417, 427, 504 and

       506(ii) read with Section 34 of the Indian Penal Code. Consequently,

       after investigation, the Prosecution has filed chargesheets, and criminal

       cases are pending before the Trial Court, after the Trial Court has taken

       cognizance in the matters.

                                     Page 2 of 7
                                    Sept. 11, 2026
                                                                  Sakharam S. Parab & 6 Ors.
                                                                 Anirudh U. Parab & 10 Ors.
                                                                                          Vs.
                                                                               State & 2 Ors.
                                     __________________________________________________
                                                           903 WPCR Nos. 398 & 292 of 2026


3. It is submitted that, unfortunately, the incident in question arose out

   of a dispute between the Petitioners and the private Respondents, who

   represent two rival groups of Mahajans of Shri Devi Sateri Ravalnath

   Panchayatan Devasthan, situated at Virnoda, Pernem, Goa. It is

   submitted that the dispute arose due to misunderstanding and

   miscommunication between the Petitioners and the private

   Respondents in relation to a religious function in which both parties

   were involved. However, the Petitioners and the private Respondents,

   upon realising that the conflict arose due to misunderstanding and

   miscommunication between the parties, have amicably resolved the

   dispute arising out of religious functions and ceremonies to be

   performed by the Petitioners and the private Respondents.


4. Accordingly, today, a joint request is made by the Petitioners and the

   private Respondents that the FIRs and chargesheets be quashed by

   consent. The parties have executed consent terms, inter alia, stating that

   they have amicably settled the dispute and are not interested in

   litigating the pending criminal cases against each other. The consent

   terms mention that the parties have settled the dispute voluntarily, on


                                Page 3 of 7
                               Sept. 11, 2026
                                                                    Sakharam S. Parab & 6 Ors.
                                                                   Anirudh U. Parab & 10 Ors.
                                                                                            Vs.
                                                                                 State & 2 Ors.
                                       __________________________________________________
                                                             903 WPCR Nos. 398 & 292 of 2026


   their own free will and without any coercion, undue influence, threat

   or pressure of any nature.


5. The consent terms are taken on record and marked ‘X’ for the purpose

   of identification.


6. I have perused the statements made in the consent terms dated

   10.09.2026 executed by the Petitioners and the private Respondents.

   Considering the fact that the offences committed by the Petitioners

   and the private Respondents are not heinous and pertain to religious

   functions and ceremonies to be performed by the parties, which

   dispute has been amicably resolved by the parties, I am inclined to

   allow both the aforesaid Petitions in terms of prayer clause (a) thereof.


7. Accordingly, Criminal Writ Petition No. 398 of 2026 is allowed in

   terms of prayer clauses (a) and (b), which read as follows:


         “a.    That by any appropriate writ, order, and/or direction under

         Article 226 of our Constitution and/or Section 528 of of Bharatiya

         Nagrik Suraksha Sanhita, 2023, this Hon. Court may be pleased




                                  Page 4 of 7
                                 Sept. 11, 2026
                                                                     Sakharam S. Parab & 6 Ors.
                                                                    Anirudh U. Parab & 10 Ors.
                                                                                             Vs.
                                                                                  State & 2 Ors.
                                        __________________________________________________
                                                              903 WPCR Nos. 398 & 292 of 2026


        to quash and set aside First Information Report No. 39/2024 of

        the Pernem Police Station, with all legal effects and consequences.


        b.     That by any appropriate writ, order, and/or direction under

        Article 226 of our Constitution and/or Section 528 of the

        Bharatiya Nagrik Suraksha Sanhita, 2023, this Hon. Court may

        be pleased to quash and set aside the investigation into First

        Information Report No. 39/2024 of the Pernem Police Station,

        and the Chargesheet/Final Report No. 51/2025 dated

        07/10/2025, filed vide Criminal Case No. IPC/104/2025

        before the court of the Judicial Magistrate, First Class, with all legal

        effects and consequences.”


8. Criminal Writ Petition No. 292 of 2026 is also allowed in terms of

  prayer clause (A), which reads as follows:


         “(A) Quash and set aside the Chargesheet No. 46/2025 dated

         06/09/2025 filed by the Respondent No. 2 under Sections 323,

         324, 352, 427, 504, 506(ii) read with Section 34 of IPC.”




                                   Page 5 of 7
                                  Sept. 11, 2026
                                                                   Sakharam S. Parab & 6 Ors.
                                                                  Anirudh U. Parab & 10 Ors.
                                                                                           Vs.
                                                                                State & 2 Ors.
                                      __________________________________________________
                                                            903 WPCR Nos. 398 & 292 of 2026


9. In view thereof, the FIRs Nos. 39/2024 and 40/2024 and chargesheets

   in Criminal Case Nos. IPC/104/2025 and IPC/102/2025 pending

   before the Judicial Magistrate First Class, Pernem are quashed and set

   aside.


10. However, the Petitioners and the private Respondents shall jointly pay

   a total sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only)

   towards costs on or before 24.09.2026 to the High Court of Bombay

   at Goa Employees Co-operative Credit Society Limited on the

   following Bank Account:-


            Account No.:- 42838649927


            Bank:- State Bank of India, Treasury Branch, Panaji, Goa


            IFSC Code:- SBIN0008851


11. It is clarified that the relief granted in the Petitions will be operative

   only after payment of costs as stated above.


12. Both the Criminal Writ Petitions stand disposed of in the above terms.




                                 Page 6 of 7
                                Sept. 11, 2026
                                                                                                 Sakharam S. Parab & 6 Ors.
                                                                                                Anirudh U. Parab & 10 Ors.
                                                                                                                         Vs.
                                                                                                              State & 2 Ors.
                                                                    __________________________________________________
                                                                                          903 WPCR Nos. 398 & 292 of 2026


                              13. This order will be digitally signed by the Private Secretary/Personal

                                  Assistant of this Court. All concerned will act on production by fax or

                                  email of a digitally signed copy of this order.




                                                                               [ AMIT S. JAMSANDEKAR, J. ]




                                                               Page 7 of 7
Signed by: VAIGANKAR ESHA                                     Sept. 11, 2026
SAINATH
Designation: Personal Assistant
Date: 19/09/2026 11:56:08


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