HC refuses to quash FIR against family that abused, assaulted traffic cop

The division bench of justices Revati Mohite Dere and Sandesh D Patil said there was evidence supporting the allegations against the couple and their son and in such a scenario quashing of the case would demoralise the police force

MUMBAI: The Bombay high court has refused to quash an FIR registered against a 70-year-old Andheri resident, his wife and 30-year-old son, for allegedly abusing and assaulting a traffic police constable during a routine seatbelt check.

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The division bench of justices Revati Mohite Dere and Sandesh D Patil said there was evidence supporting the allegations against the couple and their son and in such a scenario quashing of the case would demoralise the police force.

The incident took place on August 13, 2024, at MHADA Colony Junction. Traffic police constables Ganesh Sonawane and Bharat Chaudhary were on duty when Sonawane noticed that a woman seated in the front passenger seat was not wearing a seatbelt.

Sonawane stopped the car and began issuing an e-challan, but the police said the woman and her husband immediately began abusing the constable in filthy language. According to the FIR, the driver threatened Sonawane with dire consequences, while the woman allegedly slapped the constable and punched him in the chest.

The family were later identified as Kapil Bhagwanprasad Anand, 70, his wife Sadhana, 60, and their son Advait, 30, residents of Lokhandwala Complex in Andheri.

Following the incident, police registered an FIR against the couple and their son under multiple sections of the Indian Penal Code related to assault, abuse and obstructing a public servant from performing official duties. The family then approached the high court claiming they had been falsely implicated and denied that any such incident had occurred.

Opposing the plea, police said the entire incident was recorded on a mobile phone by constable Chaudhary. The video, which forms part of the charge sheet, clearly shows the accused abusing and assaulting Sonawane. After viewing the footage and examining witness statements, the court dismissed their pleas and held, “This is a fit case where the petitioners need to be put on for trial before the trial court.”

The judges held that quashing the case despite the evidence “would send a wrong message to the society and the police officers would be deterred from discharging their duties fearlessly”.