Mumbai: The Bombay high court has quashed an FIR and all consequential proceedings against a man who had brandished a sword to ward off a mob that had barged into his home in a Wadala chawl in June 2014. He was then a 19-year-old cClass XII student.“If a chance is given to the applicant because of his young age, there is a possibility that he will be remorseful and repent in retrospect about his unwarranted action. This is a chance required to be taken by the court because punishment has to be believed to be inflicted for a reformative result rather than being punitive in nature,” said Justice Milind Jadhav on August 21.He noted that a day before there had been a quarrel between two families. On June 6, 2014, a mob of 15-20 persons from one family, unable to find the other family, barged into their relative’s house, where the youth and two women were present. Witnesses said to ward them off, he brandished a sword.Justice Jadhav noted that the sword was an award received by the youth and displayed in his house. The criminal intimidation charge was because he threatened with a sword “but the reason behind the same has to be looked into and considered”.The applicant is now “a grown-up man” and has received a job offer. He has no antecedents and is educated. “There is no motive… , no premeditation and planning. Applicant found himself in a situation where he tried to protect himself,” said Justice Jadhav.The judge said young offenders “should be given an opportunity to become a good citizen in society”. If the applicant is made to languish in jail or face trial, “there is every possibility that he might lose faith in the institution and society at large and may tread a path of criminality or would waste his life”.Justice Jadhav directed him to pay Rs 10,000/- costs to the Bar Council Advocate Aid Fund. He said “a message also needs to be given to the youth of this country that they will not take the law into their hands by brandishing a weapon, lest… it may end up causing physical and bodily harm to somebody”.
