Vinita Gawde vs the State of Maharashtra and Anr. — Motor Accident Claims | Bombay HC (2026)

Vinita Gawde vs the State of Maharashtra and Anr. — Motor Accident Claims | Bombay HC (2026)

What the court decided

AI extract

Outcome

Writ Petition allowed in terms of prayer clause (a): the record and proceedings in Criminal Case No.300/PW/2024 pending before the learned Judicial Magistrate, First Class, 8th Court, Esplanade, Mumbai, arising out of Crime No.25 of 2024 registered with Colaba Police Station, were quashed and set aside in respect of the Petitioner.

Issue for consideration

Whether the First Information Report No. 25 of 2024 and the subsequent charge-sheet and proceedings in Criminal Case No.300/PW/2024 against the Petitioner should be quashed, in view of the amicable settlement between the parties and Respondent No.2's unconditional consent.

Court's answer

Following Narinder Singh v. State of Punjab, (2014) 6 SCC 466, the Court held that, the parties having settled their dispute and an affidavit to that effect having been filed, the writ petition could be allowed on that basis.

Ratio / Principle

Criminal Writ Petition No. 887 of 2026 was allowed in terms of prayer clause (a), i.e., the proceedings arising out of FIR No. 25 of 2024 (Criminal Case No.300/PW/2024) were quashed and set aside in respect of the Petitioner.

Detailed headnote1 paragraphs

Criminal Writ Petition No. 887 of 2026 (High Court of Judicature at Bombay, Gautam A. Ankhad, J., 11 March 2026) under Articles 226 and 227 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — quashing of FIR No. 25 of 2024 dated 5 February 2024 (Colaba Police Station) for offences under Sections 279, 336 and 427 of the Indian Penal Code, 1860 and Section 184 of the Motor Vehicle Act, 1988, and of the charge-sheet and proceedings in Criminal Case No. 300/PW/2024 (Judicial Magistrate, First Class, 8th Court, Esplanade, Mumbai) — FIR arose out of a minor accident in which no injuries were sustained and was registered by Respondent No. 2 — parties arrived at an amicable settlement; Respondent No. 2 tendered an affidavit dated 3 February 2026 giving unconditional consent to quash the FIR and all consequential proceedings — following Narinder Singh v. State of Punjab, (2014) 6 SCC 466 (High Court may invoke inherent power to quash criminal cases on an amicable settlement serving the ends of justice) — writ petition allowed in terms of prayer clause (a); proceedings quashed and set aside in respect of the Petitioner.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.887 OF 2026

Vinita Gawde,	]
R/o. Kemps Corner, Mumbai *Versus*	] .. Petitioner
1. The State of Maharashtra,	]
Through Colaba Police Station, Mumbai	]
2. Neil Kenneth White,	]
R/o. Colaba, Mumbai	] .. Respondents

Ms. Ishani Khanwilkar with Ms. Prakrun Joshi, Advocates for the Petitioner. Mr. T.G. Khan, Additional Public Prosecutor for Respondent No.1-State of Maharashtra.

Ms. Shanice Mansukhani, Advocate for Respondent No.2. PSI Bagwan, Colaba Police Station is present in Mumbai.

CORAM : GAUTAM A. ANKHAD, J.

DATE : 11^TH MARCH 2026.

P.C. :

The present Writ Petition is filed under Articles 226 and 227 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of First Information Report no.25 of 2024 dated 5^th February 2024 and subsequent charge-sheet filed before the learned Judicial Magistrate, First Class, 8^th Court, Esplanade, Mumbai.

Due to a minor accident and although no injuries were sustained, the

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impugned FIR was registered by Respondent no.2. The parties have now arrived at an amicable settlement. Respondent no.2 has tendered an affidavit dated 3^rd February 2026 giving unconditional consent to quash the FIR and all consequential proceedings. The Petitioner and Respondent no.2 are present in Court and have tendered a copy of their Aadhaar cards.

The Hon’ble Supreme Court in “Narinder Singh vs. State of Punjab”, (2014) 6 SCC 466 has held that the High Court can invoke its inherent power to quash criminal cases involving non compoundable offfences, provided that the court is satisfied that an amicable settlement has been reached, which serves the ends of justice. The parties have settled their dispute and an affidavit has been filed to that effect and in view of the same Criminal Writ Petition

no.887 of 2026 is allowed in terms of the prayer clause (a), which reads as under:

“(a) That this Hon’ble Court may be pleased to call for the record and proceedings in Criminal Case No.300/PW/2024 pending before the learned Judicial Magistrate of the First Class, 8^th Court, Esplanade, Mumbai arising out of Crime No.25 of 2024 registered with the Colaba Police Station on 5^th February 2024 against the Petitioner for an offence punishable under Sections 279, 336 and 427 of the Indian Penal Code, 1860 and Sections 184 of the Motor Vehicle Act, 1988 and after examining the legality and validity thereof, be pleased to quash and set aside the said proceedings in respect of the present Petitioner.”

[ GAUTAM A. ANKHAD, J. ]

Digitally signed by SNEHA SNEHA ABHAY ABHAY DIXITDate: 76-WP-887-2026.doc DIXIT 2026.03.16 10:52:45 +0530

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