The Bombay High Court has quashed a 2015 FIR and all consequential proceedings against an applicant who, as a 19-year-old Class XII student, had brandished a sword when confronted by a group of around 15–20 people.
Justice Milind N. Jadhav passed the order on August 21, 2026, holding that the circumstances in which the sword was displayed had to be considered rather than viewing the act in isolation.
Background Of The Case
The incident occurred on June 6, 2014, following a quarrel between two families living in adjacent rooms at Wadala chawl. On the day of the incident, members of the Kharat family, along with the complainant, returned to the premises in the afternoon.
According to the material placed before the Court, around 15–20 people entered the Kamble family’s room after not finding members of the Waghmare family there. The applicant, who was then 19 and living there, was inside with two women.
Neighbouring witnesses stated that the applicant brandished a sword after being confronted by the group. The Court noted that the sword was an award displayed inside his house and that no hurt was caused.
Court's Observation
Justice Jadhav observed that the circumstances suggested that the applicant had most probably displayed the sword to ward off the group rather than with an intention to harass anyone.
“No intention can be attributed to the Applicant in such a scenario and situation to have any intention of harassing. No hurt was either caused.”
The Court also took into account that the applicant had no criminal antecedents, was educated, and had no apparent motive, premeditation or planning. It noted that he had since grown up and had received an employment offer from an international shipping company.
The Court stressed the importance of giving young offenders an opportunity to reform and reintegrate into society, observing that punishment should aim at a reformative result rather than being merely punitive.Decision
The High Court allowed the criminal application and quashed FIR C.R. No. 56 of 2015 registered at Dadar Police Station, Mumbai, along with all consequential proceedings in C.C. No. 1204/PW/2016 pending before the Additional Chief Metropolitan Magistrate, Dadar.
The Court further directed the police to consider the order for employment verification and to issue a Police Clearance Certificate if there was no other offence against the applicant.
At the same time, the Court directed payment of Rs.10,000 as costs to the Bar Council of Maharashtra and Goa Advocate Aid Fund, noting that brandishing a dangerous weapon should not become a means of taking the law into one’s own hands.
The criminal application was accordingly allowed and disposed of.
