Vinita Gawde v. The State Of Maharashtra And ANR

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 ] .. Petitioner

Versus

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 : 11TH MARCH 2026.

P.C. :

1.

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 5th February 2024 and subsequent charge-sheet filed before the learned Judicial Magistrate, First Class, 8th Court, Esplanade, Mumbai. 2.

Due to a minor accident and although no injuries were sustained, the 1/2 76-WP-887-2026.doc Dixit

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 3rd 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.

3. 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, 8th Court, Esplanade, Mumbai arising out of Crime No.25 of 2024 registered with the Colaba Police Station on 5th 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 ABHAY DIXIT Date:

2026.03.16 10:52:45 +0530 2/2 76-WP-887-2026.doc Dixit SNEHA ABHAY DIXIT