Mumbai: The Bombay High Court has quashed an FIR against a man for driving a two-wheeler without a helmet and licence in 2017, when he was around 17 years old. While doing so, the court directed him to perform community service at a hospital for four Sundays and deposit his driving licence with the Mumbai Police for nearly three months.
A division bench of Justices Ravindra Ghuge and Rajesh Patil also instructed the man to file an undertaking that he will always wear a helmet while riding a motorcycle. Observing that the pendency of the FIR could impact his future, the court said: “The FIR registered against him is likely to create an obstacle or an impediment if he desires to seek employment in either the public or private sector or even with the state government services of any nature.”
The FIR was registered on October 21, 2017, after the man, who was then a minor, was caught driving a bike with his mother as a pillion rider during a surprise police check. The police discovered that he was driving without a licence or helmet.
The court ordered the man to deposit his licence with the Oshiwara Police Station on January 24, 2025, and not drive any motorised or battery-operated vehicle until April 15, 2025. The order added, “The said licence would be retained by the SHO until April 15, 2025, on which day the petitioner would approach the SHO and receive the licence. Until then, the petitioner would not ride any vehicle.”
As part of the community service, the man must work at the SK Patil Mahanagarpalika General Hospital, Malad, for four Sundays starting January 26 from 10 am to 2 pm. The hospital superintendent has been directed to assign him duties.
The FIR also named the man’s mother, who allegedly pushed a police constable during the altercation, resulting in two of his shirt buttons being torn. She was charged under IPC sections 332 (voluntarily causing hurt to a public servant), 353 (using criminal force to deter a public servant), and 504 (intentional insult to provoke breach of peace), along with provisions of the Motor Vehicles Act.
However, considering the remorse expressed by the mother, the court quashed the FIR against her as well, directing her to pay Rs 25,000 to an NGO – In Defense of Animals.
