Bombay High Court

JOAN MASCARENHAS E D'SOUZAversusSTATE OF GOA THR PUBLIC PROSECUTOR AND 2 ORS

Disposal: Disposed of
Bench: AMIT S JAMSANDEKAR

Holding

The Court quashed FIR No. 238/2023 on the ground that the investigation yielded no evidence against the petitioners, exercising its inherent jurisdiction under Section 482 Cr.P.C.

Summary

On 31 December 2023, the Mapusa Police Station registered an FIR against Joan Mascarenhas E. D’Souza and Dominic D’Souza under IPC sections 153A, 295A, 506(ii) r/w 34 and the Drugs and Magic Remedies (Objectionable Advertisements) Act sections 3, 4 and 7. After investigation, the police submitted a final summary stating that no specific evidence was found against the accused and the case was shelved. The petitioners filed a criminal writ petition seeking quash of the FIR invoking the High Court’s inherent jurisdiction under Section 482 of the Criminal Procedure Code. The Court examined whether the lack of evidential material justified exercising its inherent power to set aside the FIR. Finding the police report conclusive that there was no evidence, the Court held that the FIR could be quashed. Accordingly, the petition was allowed and the FIR was set aside without any order as to costs.

Issues considered

Whether the High Court can exercise its inherent jurisdiction under Section 482 Cr.P.C. to quash an FIR when the investigating agency reports no evidence against the accused.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Drugs and Magic Remedies (Objectionable Advertisements) Act — s. 3, 4, 7
Indian Penal Code, 1860 — s. 153A, 295A, 506(ii) r/w 34

Subjects

quash FIR
inherent jurisdiction
Section 482 Cr.P.C.
lack of evidence
criminal procedure
IPC
Drugs and Magic Remedies Act

Judgment

2026:BHC-GOA:1178                           16 WPCR.46 OF 2026.




                Siddhi

                          IN THE HIGH COURT OF BOMBAY AT GOA

                       CRIMINAL WRIT PETITION NO. 46 OF 2026
                JOAN MASCARENHAS E
                D’SOUZA                         ... PETITIONER
                Versus
                STATE OF GOA THR.
                PUBLIC PROSECUTOR AND
                2 ORS.                                            ... RESPONDENT


                Mr. Kapil Kerkar, Advocate for the Petitioner.
                Ms. Swati Kamat Wagh, Additional Public Prosecutor holding for
                Mr. Nikhil Vaze, Additional Public Prosecutor for the Respondent
                No. 1.


                                          CORAM:- AMIT S. JAMSANDEKAR,J.
                                          DATED :- 22nd JUNE, 2026.
                P.C.


                1.       Heard learned counsel for the Petitioner.


                2.       On 31.12.2023, the Mapusa Police Station registered an FIR

                No. 238/2023 under Sections 153A, 295A, 506(ii) r/w 34 of the

                Indian Penal Code (IPC for short) and Sections 3, 4 and 7 of the

                Drugs and Magic Remedies (Objectionable Advertisements) Act.


                3.       After registering the FIR, investigation was carried out.

                Upon completion of the investigation, Police Sub Inspector of




                                                  Page 1 of 3
                                                 22nd June 2026
                            16 WPCR.46 OF 2026.




Mapusa Police Station has filed “A Final Summary” report before

the learned Judicial Magistrate First Class at Mapusa, Goa.


4.     It is specifically stated in the summary report that there is no

evidence available against the Petitioner.


5.     The relevant portion of the summary report is reproduced

below:-


            From    the   investigation     conducted   so    far,
            statements on record and after all hectic efforts it
            is transpired that compliant is true, but there is no
            specific evidence came on record against the
            accused persons Mr.Domnic D Souza s/o
            Lourenco D Souza and Mrs. Joan Mascarenhas E
            D’souza w/o Domnic Dsouza both r/o H.No.
            315/4, Tropawado, Sodiem, Siolim, Bardez, thus
            the investigation of this case is shelved at present
            and there are fewer chances to detect the case.



6.     In view thereof, the Petitioner is entitled to relief as prayed

for.


7.     The petition is allowed in terms of prayer clause (A) as

follows:-




                                  Page 2 of 3
                                 22nd June 2026
                                                          16 WPCR.46 OF 2026.




                                          (A)      That this Hon’ble Court in exercise of its
                                          inherent jurisdiction under section 482 Cr.P.C. be
                                          pleased to quash and set aside FIR No. 238/2023
                                          dated 31.12.2023 registered by the Mapusa Police
                                          Station which is pending investigation with the
                                          Respondent no. 2 i.e. the Police Inspector,
                                          Mapusa Police Station.



                                  8.   The petition stands disposed of. No order as to costs.




                                                                            AMIT S. JAMSANDEKAR, J.




Signed by: SHAKUNTALA ZALMI
Designation: Personal Assistant
Date: 23/06/2026 10:42:24                                       Page 3 of 3
                                                               22nd June 2026

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