Team Goemkarponn
PANAJI: The High Court has quashed a criminal case and chargesheet against 52-year-old Arvind Coutinho of Navelim, ruling that the mere brushing of a scooter’s rear-view mirror against a neighbour’s elbow inside a private residential complex did not constitute criminal rash or negligent driving.
The court set aside the FIR registered by Margao Police, the subsequent chargesheet and all consequential proceedings pending before the Margao Judicial Magistrate First Class (JMFC) Court, observing that continuation of the prosecution amounted to an abuse of the judicial process.
The incident occurred on October 26, 2025, near the office of a housing society at Calvaddo, Navelim. According to the complainant, Coutinho was riding his scooter in a rash and negligent manner within the society premises when the vehicle allegedly struck his left elbow. It was further alleged that Coutinho left the spot without providing medical assistance.
Margao Police registered an FIR on the same day under provisions relating to rash and negligent driving and acts endangering the life or personal safety of others and causing hurt.
After completing the investigation, police filed a chargesheet on March 11, 2026. The chargesheet also invoked provisions of the Motor Vehicles Act concerning the alleged failure of a driver to provide medical aid and report an accident.
Coutinho subsequently approached the High Court seeking quashing of the FIR, chargesheet and all proceedings arising from the case.
His counsel argued that the complaint was a counterblast to earlier disputes involving Coutinho and the housing society. It was submitted that Coutinho had previously raised complaints before statutory authorities concerning the functioning of the society and garbage-related issues. Counsel also pointed to medical records which, according to the submissions, did not establish any injury and maintained that the incident was purely accidental.
After examining the CCTV footage recorded at the residential complex, the High Court found that Coutinho had been manoeuvring the scooter at a very slow speed. The footage showed the scooter’s left rear-view mirror merely touching the complainant’s left elbow.
The court noted that the footage did not reveal excessive speed, reckless driving, sudden acceleration or any deliberate act intended to endanger another person’s safety. It also observed that Coutinho stopped the scooter immediately after the contact.
In view of the circumstances, the High Court concluded that the essential ingredients required to sustain the allegations of criminal rashness or negligence were absent.
The court further observed that the case was a fit one for imposing punitive costs on the complainant for abuse of the legal process. However, it refrained from imposing costs after an appeal was made by the complainant’s counsel.
The High Court accordingly allowed Coutinho’s petition and quashed the FIR, chargesheet and all consequential proceedings against him.
