JIT VINAYAK AROLKAR Vs. STATE OF GOA

JUDGEMENT

(1.) By the impugned judgment, the High Court has dismissed a writ petition filed by the appellant for quashing a First Information Report (for short, the 'impugned FIR') registered at the instance of the 4th respondent for the offence punishable under Sec. 420 of the Indian Penal Code, 1860 (for short, 'IPC').

(2.) The dispute pertains to the property known as "CAPNIVORIL GUERA", "CAPNIVORIL MOLLY" or "KAPNI VARIL GHERA" situated in Dhargalim Village, Pernem, Goa, which is described in the Land Registration Office of Bardez under No. 63 at pages 11V of book overleaf of B- 1(new) bearing Sy No. 481/0 (for short, 'the subject property').

(3.) On 16/10/2018, the 4th respondent filed twelve separate civil suits in the civil court in Goa, claiming a declaration of his ownership in respect of the subject property. In the suits filed by the 4th respondent, it was contended that the subject property is a common and undivided property in which the 4th respondent has an undivided share, which he inherited from his father. The appellant filed a written statement in the suit on 1/9/2020 and claimed that the property was originally owned by one Sacarama Sadassiva Natecar. On 23/10/2020, the 4th respondent, through his constituted attorney, filed a complaint with the Superintendent of Police, North Goa District, alleging that the appellant had sold a portion of the subject property without the consent of all the legal heirs of both co-owners. Based on the said complaint, the impugned FIR was registered by the police. The appellant was granted anticipatory bail by the sessions court vide order dtd. 10/2/2021 in connection with the impugned FIR. On 23/10/2021, the appellant filed a writ petition before the High Court for quashing the FIR. By the impugned judgment dtd. 1/3/2023, the High Court dismissed the petition.