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Bombay High Court

YASH RAJESH KAMBLEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The High Court quashed the FIR and all consequent proceedings, finding that the applicant's act lacked criminal intent and warranted a reformative approach.

Summary

The applicant, a 19‑year‑old student, was charged under criminal intimidation for brandishing a sword when a mob of 15‑20 persons entered his home during a family feud. He claimed the sword was an award displayed at his house and was used solely to ward off the mob, with no intent to cause harm and no injury inflicted. The court examined the circumstances, noting the applicant's young age, lack of prior record, and the absence of premeditation, and emphasized the need for reformative rather than punitive measures for youthful offenders. Considering these factors, the court found that the FIR and related proceedings were not justified in the interest of justice. Consequently, the application to quash the FIR was allowed, the proceedings were dismissed, and the applicant was ordered to pay costs of Rs.10,000 to the Bar Council Aid Fund.

Issues considered

  • Whether the FIR under criminal intimidation should be quashed on the ground of lack of criminal intent and the applicant's youthful age.
  • Whether proceeding with the case would be contrary to the principles of reformative justice for a first‑time youthful offender.
  • Whether the applicant should be liable to pay costs despite the quashing of the FIR.

Subjects

  • criminal intimidation
  • quash FIR
  • juvenile offender
  • reformative justice
  • brandishing weapon
  • police clearance certificate
  • costs order

Judgment

                                                                                      31apl-1466-26.doc

Urmila Ingale

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION


                              CRIMINAL APPLICATION NO. 1466 OF 2026

                Yash Rajesh Kamble                                             .. Applicant
                           Versus
                The State of Maharashtra and anr.                              .. Respondents

                                           ....................
                 Ms. Yayatri Nayak a/w Ms.Lubdha Bhoir, Mr. Akash Tayade, Mr.
                  vinit Dotre, Mr. Raj Gupta h/f Mr. Rajesh Khobragade, Advocates
                  for Applicant.
                 Ms. R.V.Newton, APP for Respondent-State.
                 PSI- Ms. Shamali N. Joshi, Pairavi Officer, Dadar Police Station,
                  present.
                                               ...................

                                              CORAM : MILIND N. JADHAV, J.
                                              DATE          : AUGUST 21, 2026
                P.C.:
                1.       Heard Ms. Nayak, learned Advocate for Applicant and Ms.

                Newton, learned APP for Respondent-State.


                2.           By this Criminal Application, Applicant is seeking quashing

                and setting aside the FIR bearing C.R.No. 56 of 2015 registered with

                Dadar Police Station, Mumbai and for all consequent proceedings in

                C.C.No.1204/PW/2016         pending        before        Ld.     Additional     Chief

                Metropolitan Magistrate, 5th Court, Dadar, Mumbai, as against the

                Applicant.


                3.       The incident is of 06.06.2014.              Precursor to the incident is a

                quarrel between the Waghmare and the Kharat family residing in

                Wadala chawl where they had rooms adjacent to each other.                         The

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Applicant was 19 years old boy studying in the XII standard at that

time and he also resided in the said chawl. On the previous day before

the incident, there was a quarrel between the Waghmare and the

Kharat family. Kharat family had visited the chawl and the room where

they did not stay. The said quarrel had subsided, but on the following

day i.e. the date of the incident on 06.06.2014, the Kharat family

members, some 15-20 persons along with the Complainant revisited

the said chawl premises some time in the afternoon at 2:45 pm. and

since they did not find any person in the Waghmare household, they

barged into their relatives namely Kamble household where the

Applicant and two ladies were present inside. The witness statements

of the neighbours Mr & Mrs. Tambe have been recorded by the

prosecution and are placed on record at page nos. 42 & 43.          The

witness statements prima facie state that since the Applicant was

confronted by the mob led by the first informant and in order to ward

them off, he brandished a sword. This is the charge of criminal

intimidation by the weapon levelled against the Applicant and nothing

more.   The question therefore before the Court is why was the

Applicant compelled to brandish the sword and where did the sword

come from. The Applicant admittedly is the student of XII standard.

The sword which was brandished by him was an award received by

him and was displayed in his house. However when the incident

occurred in the afternoon and the young offender was confronted with

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a mob of 15-20 persons led by the private Complainant - the first

informant, he did so in all probability to ward them off. 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. Further,

the precursor incident did not happen because of the Applicant or his

family members (Kamble family). Merely because he was related to the

Waghmare family, the Kharat family members on the following day

came upon Waghmare family but since they were not there they visited

the the Kamble family and found the young offender at his house.


4.        I have perused the material which has been placed on record

and prima facie I find that the criminal intimidation charge against the

young offender who is the Applicant before the Court though may, at

first blush, appear to be because of him threatening with the sword in

his hand, but the reason behind the same will have to be looked into

by the Court and is considered herein. The Applicant is now a grown

up man and has received an offer letter from an International Shipping

Company called Elegant Marine Services Private Limited for

undertaking a job.


5.   Considering Applicant’s young age, Court is hopeful that

Applicant’s family will undoubtedly do their duty to make every effort

and attempt to reform and aid the Applicant in leading a reformed life.

However on the flip side, if a chance is given to the Applicant because



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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. Court feels that reform and rehabilitation of the

such young accused person needs to be considered especially when age

of the accused is young so that the accused gets an opportunity / or is

given an opportunity to reform, rehabilitate and earn his livelihood

honorably from the perspective of social integration. The Court must

consider the young age of accused. The age of the Applicant is very

young. If the Applicant is made to languish in jail or face the trail

further, there is every possibility that he might lose faith in the

institution and society at large and may tread the path of criminality or

would waste his life. Prolonged trial exposes many youth to abuse as is

shown statistically. This is the reason why this Court feels that any /

every semblance of a chance towards a reformative approach should be

adopted, especially in the case of young offenders like the Applicant.

Hence every opportunity or to that extent risk should be constructively

taken by the Court in the case of young offenders and they should be

given an opportunity to become a good citizen in the Society. These

observations are only in the view of the young age of the Applicant

before me and it is only a means to explore an alternative to such trial

so that the Applicant can become a good citizen.

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6.        In view of the above, this Court or rather the prosecution

cannot come in the way of resurrecting the life of the Applicant who is

admittedly an young offender and had unfortunately found himself in

a situation on the fateful day of the incident. There are no antecedents.

Applicant is an educated person. He has no motive to indulge in any

untoward act.    There is no premeditation and planning. Applicant

found himself in a situation where he tried to protect himself. While

considering the submissions advanced by the learned Advocate for the

Applicant and on perusing the material placed on record, I am of the

clear opinion that present Criminal Application therefore deserves to

be allowed and granted.     The Criminal Application is so allowed in

terms of prayer clause (a). All consequential proceedings pursuant to

filing of FIR bearing C.R. No. 56 of 2015 registered with Dadar Police

Station are quashed. Prayer clause (a) reads thus :

           “a) That this Hon'ble Court be pleased to quash and set aside
           the F.I.R. bearing C.R. No. 56/2015 registered with Dadar
           Police Station and all consequent proceedings in C.C. No.
           1204/PW/2016 pending before the Ld. Additional Chief
           Metropolitan Magistrate, 5th Court, Dadar, Mumbai, as against
           the Applicant, in the interest of justice;”


7.        The Police are directed to act upon a server copy of this

order for the purpose of verification of the Applicant’s case for

employment purpose.      If the Applicant applies for police clearance

certificate, I direct the Police to ensure that they shall consider the

server copy of this order downloaded from the High Court website

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                            submitted by the Applicant and grant the Police Clearance Certificate

                            (PCC Certificate) to the Applicant immediately, if there is no other

                            offence against him.


                            8.        In view of the act of the Applicant of brandishing the sword,

                            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 (in this

                            case a sword which he had received as an award and was displayed

                            inside his house on the wall) which is considered to be a dangerous

                            weapon, lest in a situation that may eventually arise, it may end up

                            causing physical and bodily harm to somebody. In that view of the

                            matter, I direct the Applicant to pay costs of Rs.10,000/- which shall be

                            paid by his father who is present in Court and who agrees to pay the

                            same to the Bar Council of Maharashtra and Goa Advocate Aid Fund.

                            The bank details for paying costs are as under:


                                           Account Name          Bar Council of Maharashtra and
                                                                 Goa Advocate Aid Fund
                                           Name of the Bank      State Bank of India
                                           Branch                Mumbai Main Branch
                                           Account No.           10996711937
                                           IFS Code              SBIN 0000300
                                           Type of the Account   Saving Account



                            9.        The Criminal Application is allowed and disposed of in the
                            above terms.

Urmila Ingale                                                          [ MILIND N. JADHAV, J. ]

                 Digitally signed

      AJAY
                 by AJAY
                 TRAMBAK
                                                                                                   6 of 6
      TRAMBAK    UGALMUGALE
      UGALMUGALE Date:
                 2026.08.24
                 21:03:50 +0530


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