Mumbai Local

HC to quash FIR in negligent driving case

In a first-of-its-kind judgment to check the trend of minors taking to the road and indulging in rash driving, the Bombay High Court recently agreed to quash an FIR registered against a minor for rash and negligent driving, but only after the boy’s father coughs up Rs. 50,000.

The public prosecutor in the case sought a heavy financial cost to quash the FIR to send out a message to society that such offences will not be taken lightly.

A division bench of Justice Naresh Patil and Justice P D Naik was hearing a plea of a father of a minor who was booked for rash and negligent driving. The case dates back to November 2015, when a minor was driving a car in suburban Mumbai. His friend, also a minor, was sitting on the rear seat. The car met with an accident where the friend sustained injuries and was taken to a nearby hospital.

An FIR was registered against the minor under Sections 279 (rash driving or riding on a public way and is punished with imprisonment that may extend to six months or fine of Rs 1,000 or both) and 338 (causing grievous hurt by act endangering life or personal safety of others and is punished with imprisonment which may extend to two years, or with a fine of Rs. 1,000 or both) of the Indian Penal Code and relevant sections of the Motor Vehicles Act.

Since the parents of the boys were family friends, they mutually decided to get the FIR quashed. The father of the accused then moved the HC and submitted an undertaking given by his son’s friend’s father in which he stated that the incident was unintentional and since even the accused had suffered injuries and had undergone mental trauma, he wished to withdraw the allegations. In his undertaking, he also said the boy who was driving the car had apologised, and his father had taken good care of his son’s medical treatment.

The court recorded that the police had failed to register the minor’s offence of driving without a licence. The bench also said that “facts of the case are disturbing in nature”, and in such a situation, even a passer by or any other third party could have suffered serious damage or injuries.

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Printable version | Apr 15, 2021 11:07:54 PM |

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