The High Court has quashed a criminal case and chargesheet against Arvind Coutinho, a 52-year-old resident of Navelim, holding that a scooter's rear-view mirror merely brushing against a neighbour’s elbow inside a private residential complex does not constitute criminal rash driving or negligence. Terming the criminal prosecution an abuse of the judicial process, the High Court quashed the FIR registered by Margao Police, along with the consequential chargesheet pending before the Margao JMFC Court.
This incident happened on 26 October, 2025, in front of the office of a Housing Society at Calvaddo, Navelim. According to the complainant resident of the society, Arvind Coutinho rode his two-wheeler in a rash and negligent manner within the society premises, dashed into his left elbow, and fled without rendering medical aid. Margao Police registered an FIR on the same day for the alleged rash driving and an act endangering life or personal safety causing hurt.
Following an investigation, the police filed a chargesheet on March 11, 2026, also adding certain Sections of the Motor Vehicles Act forbfailure of driver to secure medical aid and report accident. Coutinho subsequently approached the High Court seeking to quash the FIR and all consequential proceedings.
Coutinho's Counsel argued that the criminal complaint was a counterblast to previous disputes and complaints Coutinho had raised before statutory authorities concerning the society’s functioning and garbage issues. He contended that the medical records showed no injury and that the incident was merely accidental.
Upon reviewing the contemporaneous CCTV footage, the High Court observed that Coutinho was maneuvering his scooter inside the residential society premises at a very slow speed and the left rear-view mirror of the scooter had merely touched Cardoz’s left elbow.
The High Court also noted that here was no excessive speed, recklessness, acceleration, or deliberate intent to endanger personal safety and Coutinho stopped his vehicle immediately after the contact occurred.
The High Court remarked that the matter was a fit case to impose punitive costs on the complainant for abusing the legal process, though it refrained from doing so following appeals by his counsel.
With this, the High Court allowed the petition and set aside the FIR, the chargesheet, and all consequential proceedings against Coutinho.