Bombay High Court
NAWAZ SHAIKH @ CHOTA NAWAZ AND 5 ORS.,versusTHE STATE OF GOA THR THE PUBLIC PROSECUTOR AND 3 ORS.,
- Disposal
- Disposed of
Holding
The petition is allowed and the FIR/chargesheet are quashed.
Summary
The petitioners were charged under the Bharatiya Nyaya Sanhita for assaulting the third and fourth respondents with iron rods and allegedly stealing Rs.5,000. The FIR was lodged based on a complaint by the third respondent, alleging a prior enmity and a deliberate dash by the petitioners. The petitioners, all young, sought quashing of the FIR and chargesheet, citing a voluntary settlement reached with the complainants through family and community mediation. The third and fourth respondents filed affidavits confirming that the dispute was amicably resolved, that they had no objection to the quash, and that they were not coerced. The State opposed the petition, alleging abuse of the criminal process. The court, noting the non‑heinous nature of the alleged offence, the youth of the accused, and the genuine settlement, allowed the petition and quashed the FIR and chargesheet. However, the court imposed a cost of Rs.3,00,000 on the petitioners for misusing the criminal justice system.
Issues considered
- Whether an FIR and chargesheet can be quashed on the basis of a voluntary settlement between the parties
- Whether the consent of the complainant suffices to extinguish criminal liability under the Bharatiya Nyaya Sanhita
- Whether the court may impose costs for alleged misuse of the criminal justice process
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 118(2), 303(2) r/w 3(5)
Subjects
- quash of FIR
- settlement
- criminal procedure
- Bharatiya Nyaya Sanhita
- cost of litigation
- misuse of criminal justice
- assault
Judgment
WPCR.416 OF 2026
siddhi
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL WRIT PETITION NO.416 OF 2026
NAWAZ SHAIKH @ CHOTA NAWAZ
AND 5 ORS. ... PETITIONERS
Versus
STATE THR. PUBLIC PROSECUTOR
AND 3 ORS. ... RESPONDENTS
Mr. Athnain Naik, Advocate for the Petitioners.
Ms. Swati Kamat Wagh, Additional Public Prosecutor with Ms.
Shibani Singh, for Respondent Nos. 1 & 2.
CORAM:- AMIT S. JAMSANDEKAR , J.
DATED :- 01st October, 2026
P.C.
1. By the present petition, the Petitioner seeks quashing of FIR
No. 5/2026 registered at Vasco Police Station and the
Chargesheet No. 25/2026 dated 04.04.2026, filed after
registration of the FIR.
2. The FIR was registered based on a complaint filed by the 3rd
Respondent on 07.01.2026. The allegation in the complaint is
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that the Petitioners, with their common intention, drove a white-
coloured Swift Dzire car bearing registration No. GA 08 AA
7281 and proceeded from Dabolim Airport to Varunapuri
Junction, Mangor Hill, Vasco, Goa. When the car reached near
the Coast Guard gate, the Petitioner intentionally gave a dash
to the complainant i.e. the 3rd Respondent, and his uncle, who
is the 4th Respondent. Thereafter, the Petitioners assaulted the
3rd Respondent and 4th Respondent with two iron rods, which
resulted in serious injuries to their Head and other parts of the
body. According to the Complaint, the Petitioners did so due to
previous enmity with the complainant (the 3rd Respondent). The
3rd and 4th Respondents further alleged that the Petitioners also
took Rs. 5000/- from the pocket of the 3rd Respondent.
3. On the basis of the allegation, the FIR was registered, and
consequently, the chargesheet was filed on 04.04.2026 for
offences punishable under Section 109, 118(2), 118(1), 303(2)
r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.
4. It is submitted that all the Petitioners are of very young age and,
with the help of friends, family and community, they have
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WPCR.416 OF 2026
resolved all their disputes. Therefore, the Petitioners and the 3rd
and 4th Respondents have jointly requested that the FIR
/Chargesheet in the criminal proceedings be quashed and set
aside by consent. Therefore, the Respondent Nos. 3 and 4 have
filed affidavits dated 18.09.2026 in these proceedings.
5. The relevant paras of the affidavit of the Third Respondent read
as follows:-
3. I say that during the pendency of the
criminal proceedings, the dispute between
myself and the Petitioners has been
amicably settled with the intervention of
well-wishers, relatives and persons known
to both sides and as the accused
persons have undertaken not to interfere
with me and my family in the future.
4. I say that the settlement arrived at
between the parties is voluntary, genuine
and bona fide and has been entered into by
me of my own free will and consent.
5. I specifically state that I have not been
subjected to any threat, coercion,
pressure, undue influence or inducement
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WPCR.416 OF 2026
for entering into the said settlement or for
giving this affidavit.
6. I say that pursuant to the settlement, all
my disputes and grievances with the
Petitioners arising out of the aforesaid
incident have been resolved and there is
presently no surviving dispute or
grievance between myself and the
Petitioners.
7. I say that I have considered the matter
and have decided that I do not wish to
pursue the criminal proceedings arising
out of the aforesaid FIR against the
Petitioners.
8. I say that I have been informed about the
Petition filed by the Petitioners before this
Hon'ble Court seeking quashing of the
aforesaid FIR and all consequential
proceedings on the basis of the settlement
between the parties.
9. I say that I have no objection whatsoever
if this Hon'ble Court is pleased to quash
FIR/Crime No. 5/2026 registered with
Vasco Police Station, and all
consequential proceedings arising
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WPCR.416 OF 2026
therefrom, insofar as the Petitioners are
concerned.
6. I have heard the learned Additional Public Prosecutor for the
State. The State vehemently opposes the Petition, inter alia, on
the ground that the 3rd and 4th Respondents have misused the
criminal justice system and, therefore, abused the process of
law.
7. I have considered the rival submissions and have perused the
record, including the chargesheet.
8. The record prima facie indicates, and now it is admitted, that
there was previous enmity between the parties. In view of the
fact that the crime committed by the Petitioner is not of heinous
nature and the fact that the Petitioners are of very young age
and considering the fact that the long enmity between the
parties have been finally put to rest with the help of family,
friends and community, I am inclined to therefore allow the
Petition.
9. Even on merits, considering the material on record, prima facie,
I find that the trial resulting in conviction may be of a very
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remote chance. Particularly, when the parties have taken a stand
to settle the matter.
10. In view thereof, the Petition is allowed in terms of prayer clause
(A) which reads as follows:-
A. Allow the present Petition and consequently,
quash and set aside FIR/Crime No. 5/2026
registered with Vasco Police Station, Charge
Sheet No. 25/2026 dated 04.04.2026 and all
consequential proceedings arising therefrom
against the Petitioners herein;
11. However, the Petitioners and the 3rd and 4th Respondents have
misused the criminal justice system and therefore shall pay a
cost of Rs.3,00,000/- (Rupees Three Lakhs only) to the Goa
High Court Bar Association. The cost shall be paid within one
week from today.
12. The Bank Details of the Goa High Court Bar Association are as
follows:
Name:- The Goa High Court Bar Association
Bank:- Bank of India, Dempo House, Post Box No. 291,
Campal, Panjim - Goa
Account No.:- 100710100010906
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WPCR.416 OF 2026
IFSC Code:- BKID0001020
MICR Code:- 40301300
13. The Petitioner’s Advocate is directed to forward a copy of this
order to the Goa High Court Bar Association, by e-mail, for
their records.
14. The relief granted hereinabove shall become operative only
after payment of costs.
15. The petition is disposed of in the above terms.
16. List for compliance on 09.10.2026.
AMIT S. JAMSANDEKAR, J.
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01.01.2026
Signed by: SHAKUNTALA ZALMI
Designation: Personal Assistant
Date: 07/10/2026 15:26:11
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