Bombay HC Quashes FIR Against 19-Year-Old Sword Incident

The Bombay High Court has quashed a 2015 FIR against a man who allegedly brandished a sword during a confrontation with a mob at the age of 19.

The incident occurred on June 6, 2014, at a chawl in Wadala, following a quarrel between two families.

According to the court, a group of 15-20 people went to the premises looking for members of the Waghmare family, but instead found the applicant and two women in the room of their relatives, the Kamble family.

The applicant, who was a Class XII student at the time, brandished a sword to ward off the mob, but no one was injured in the incident.

Justice Milind Jadhav observed that while the act of holding the sword could appear to amount to criminal intimidation, the circumstances leading to it also had to be considered.

The judge noted that the man had since grown up, was educated, and had received an offer of employment from an international shipping company.

The court said that punishment should aim at a “reformative result rather than being punitive in nature” and that every opportunity for a “reformative approach” should be considered in cases involving young offenders.

The court quashed the FIR registered at Dadar police station and all consequential proceedings, directing the police to consider the court’s order for issuing a police clearance certificate for his employment.

However, the court imposed a cost of Rs 10,000 on the applicant, to be paid by his father to the Bar Council of Maharashtra and Goa Advocate Aid Fund, cautioning against taking the law into one’s hands.

The court’s decision highlights the importance of considering the circumstances and the potential for reform in cases involving young offenders.

The judgment emphasizes the need for a reformative approach in the justice system, rather than a purely punitive one.

This approach can help young offenders to become good citizens and earn their livelihood honourably, rather than being driven towards a life of crime.

The court’s decision is a significant one, as it recognizes the potential for young people to change and reform, and the importance of giving them a second chance.