Bombay High Court Quashes FIR Against Man in 2014 Wadala Chawl Sword Case
The Bombay High Court has quashed a 2015 First Information Report registered against a man who brandished a sword to fend off a mob during a confrontation at a chawl in Wadala when he was 19 years old.
Justice Milind Jadhav allowed the man's plea, emphasizing that punishment should focus on achieving a reformative result rather than being purely punitive. The court observed that young offenders ought to be given opportunities to reform, rehabilitate, and earn their livelihood honorably.
The incident occurred on June 6, 2014, at a chawl in Wadala following a dispute between two families. According to the court, roughly 15 to 20 members of the Kharat family, accompanied by the complainant, arrived at the premises searching for members of the Waghmare family. Finding them absent, the group entered the room of their relatives, the Kamble family, where the applicant and two women were present.
Witnesses from the neighborhood informed the police that the applicant brandished a sword to ward off the confronting mob. The sword was an award he had previously received and kept displayed in his residence. No injuries were reported during the confrontation.
The court noted that while holding a sword might appear to constitute criminal intimidation at first glance, the surrounding circumstances had to be taken into account. The judge pointed out that the applicant was a Class XII student at the time with no prior criminal record, and has since grown up, completed his education, and secured a job offer from an international shipping company.
Justice Jadhav observed that if the applicant were forced to languish in jail or continue facing trial, he might lose faith in society and legal institutions, potentially leading him toward criminality or wasting his life.
The High Court quashed the FIR registered at Dadar police station along with all consequential proceedings. It also directed the police to take the court's order into consideration when issuing a police clearance certificate for his employment, provided he faces no other criminal cases.
While granting relief, the court cautioned against individuals taking the law into their own hands and directed the applicant's father to pay a cost of Rs 10,000 to the Bar Council of Maharashtra and Goa Advocate Aid Fund.
