Supreme Court - Daily Orders
Darson D Souza vs State Of Goa on 16 December, 2025
Author: Rajesh Bindal
Bench: Rajesh Bindal
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO.2105 OF 2025
IN
(SPECIAL LEAVE PETITION (CRIMINAL) No.12359 OF 2025)
MR. DARSON D’SOUZA … Petitioner (s)
VERSUS
STATE OF GOA & ANR. … Respondent(s)
ORDER
Rajesh Bindal, J.
1. The Special Leave Petition was filed challenging the judgment of the High Court1 in Criminal Appeal No.1 of 2016 2. Vide the aforesaid judgment, the conviction of the applicant under Sections 323 and 326 of the IPC, 1860 was upheld and he was directed to undergo rigorous imprisonment for the period of one year. The same was dismissed by this Court vide order dated 22.08.2025. Signature Not Verified Digitally signed by MINI Date: 2025.12.24 13:53:01 IST Reason: 1 High Court of Bombay at Goa.
2 Dated 25.07.2025.
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2. After dismissal of the Special Leave Petition, Miscellaneous Application No.2105 of 2025 has been filed by the applicant stating that the matter in dispute between the parties stands compromised and in view of the same, ₹2,00,000/- has been paid as compensation for the injuries suffered by the complainant party. Both the parties are residents of the same area and have now decided to live peacefully. Otherwise also, the incident took place at Sea Shell Bar and Restaurant near KTC Bus Stand, Cuncolim at spur of moment. There was no previous enmity between the parties. The prayer is for compounding of the offence. In support of his argument, reliance was placed upon an order passed by this Court in H.N. Pandakumar vs. State of Karnataka3.
3. On 09.12.2025, as requested by the learned counsel for the applicant, the complainant was impleaded as the respondent No.2. Notice was issued. Today, the applicant as well as the complainant are connected through video conference. The applicant and the complainant were identified through their respective counsels. Both the parties have endorsed the fact that the dispute between them stands compromised. They have now decided to live peacefully. Even otherwise, the incident in question was not on account of any previous enmity. 3 2025 SCC Online SC 38 : 2025 INSC 37 Page 2 of 5
4. After hearing learned counsel for the parties and considering the view expressed by this Court in H.N. Pandakumar vs. State of Karnataka case (supra), the dispute between the parties having been settled and the incident in question having taken place more than a decade back, in the peculiar facts of this case and in exercise of this Court’s inherent power, we find it appropriate to give effect to the compromise between the parties to resolve the dispute. The amount of compensation as determined by the parties has already been paid to the complainant side. However, in addition, we direct that the applicant shall deposit ₹1,00,000/- in the below mentioned bank account within four weeks from today:
Name of Armed Forces Battle Casualties Fund Welfare Fund Bank Name Canara Bank Branch South Block, Defence Headquarters, New Delhi – 110011 IFSC Code CNRB0019055 Account No. 90552010165915
5. The Registry is directed to forward a copy of this order on the following email id for information:
[email protected] Page 3 of 5
6. Accordingly, the Miscellaneous Application is allowed. Order dated 22.08.2025, dismissing the Special Leave Petition, is recalled. The Special Leave Petition is disposed of while upholding the conviction of the applicant. The sentence awarded to him is reduced to the period of custody already undergone.
7. Pending application(s), if any, shall stand disposed of.
……………….……………..J. (RAJESH BINDAL) ……………….……………..J. (MANMOHAN) New Delhi DECEMBER 16, 2025.
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ITEM NO.8 COURT NO.15 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 2105/2025 in SLP(Crl) No.
12359/2025
[Arising out of impugned final judgment and order dated 22-08- 2025 in SLP(Crl) No. No. 12359/2025 passed by the Supreme Court of India] DARSON D SOUZA Petitioner(s) VERSUS STATE OF GOA & ANR. Respondent(s) FOR ADMISSION IA No. 267468/2025 - APPROPRIATE ORDERS/DIRECTIONS Date : 16-12-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) :Mr. Salvador Santosh Rebello, AOR Mr. Raghav Sharma, Adv.
Mr. Jaskirat Pal Singh, Adv.
Ms. Moulishree Pathak, Adv.
Mr. Ujjawal Agrawal, Adv.
For Respondent(s) :Mr. Parijat Kishore, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. The Miscellaneous Application is allowed and Special Leave Petition is disposed of in terms of the signed order placed on the file.
2. Pending application(s), if any, shall stand disposed of.
(MINI) (AKSHAY KUMAR BHORIA)
COURT MASTER (SH) COURT MASTER (NSH)
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