Bombay High Court Quashes FIR Against Man For Driving Without Helmet, Orders Him To Perform Community Service At Hospital

While quashing a First Information Report (FIR) against a 22-year-old man for driving a two-wheeler without a helmet and licence in 2017 (when he was 17-years-old), the Bombay High Court asked him to perform 'community service' at a hospital for four Sundays.

The court further directed him to deposit his licence with the Mumbai Police for nearly three months and not to drive any vehicle in this period. 

A division bench of Justices Ravindra Ghuge and Rajesh Patil also asked the man to file an undertaking that henceforth, while driving a motorcycle, he will wear a helmet. The bench noted that the man is young and the pendency of the instant FIR lodged against him on October 21, 2017, would affect his future prospects.

"The FIR registered against him is likely to create an obstacle or an impediment, if he desires to seek employment in either Public Sector or Private Sector or even with the State Government Services of any nature," the judges said in the January 16 order. 

The judges, therefore, ordered the man to perform Community Service on four Sundays, that is January 26, 2025, February 2, 2025, February 9, 2025 and February 16, 2025 with SK Patil Mahanagarpalika General Hospital, Malad (E), from 10 AM to 2 PM. 

"The Medical Superintendent of the SK Patil Mahanagarpalika General Hospital, Malad (E), would allot him the duties during this period, which he shall perform," the bench ordered. 

The driving license of the petitioner, the bench ordered, shall be deposited with the Station House Officer of Oshiwara Police Station, Mumbai, on January 24, 2025.

"The said license would be retained by the SHO until April 15, 2025, on which day, the Petitioner would approach the SHO and would receive the said license. If required, he will acknowledge the receipt for the license in writing. Until April 15, 2025, the Petitioner would not ride any two wheeler, three wheeler, four wheeler or any motorised or electric/battery operated vehicle," the bench ordered. 

The undertaking of the Petitioner that he will wear a helmet, whenever he rides a motorcycle in future, after receiving back his license, is recorded, the order states. 

The interesting order was passed on a plea filed by a man and his mother, both seeking to quash the FIR lodged against them on October 21, 2017. The FIR was lodged after the petitioner with his mother as a pillion rider, was driving a bike without helmet and licence and was stopped at a surprise check by the police. The police then learnt that the petitioner was a minor (of 17 years age) on that day. 

Upon being questioned, both the petitioners charged upon Eric Girgol Vegas, the Police Constable, who had stopped their bike. The mother while pushing the constable aside, 'touched' him resulting in two of his shirt's buttons being torn off. 

Therefore, the constable lodged an FIR against the duo for voluntarily causing hurt to a public servant (section 332), using criminal force against a public servant (section 353) and intentional insult to breach peace (section 504) of the Indian Penal Code (IPC) and other relevant provisions of the Motor Vehicles Act. 

As regards the FIR against the mother, the bench considered the 'remorse' that she expressed for her conduct and quashed the FIR with a directive to her to pay costs of Rs 25,000 to an NGO working for the welfare of animals. 

Appearance: 

Advocates Uday Warunjikar and Pankaj Purway appeared for the Petitioner. 

Additional Public Prosecutor Jayesh Yagnik represented the State. 

Case Title: Hushad Neville Bacha vs Eric Girgol Vegas (Criminal Writ Petition 477 of 2024)

Citation: 2025 LiveLaw (Bom) 24

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