Orissa High Court
Sagar Ranjan Pradhan & vs State Of Odisha & Another .... Opp. ... on 17 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1405 of 2025
Sagar Ranjan Pradhan & .... Petitioners
others Mr. Sukanta
Kumar Dalai,
Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mrs.Sarita
Maharana, ASC
& Mr. Deepak
Kumar
Mohapatra,
Advocate
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 17.04.2025
02.
1.
Heard.
2. At the instance of the opposite party No.2, the
F.I.R. in connection with Sahid Nagar P.S. Case No.79
of 2017 corresponding to T.R. No.208 of 2017 came to
be registered against the petitioners for the alleged
commission of offences punishable under Sections
451/294/323/506/34 of the IPC r/w Section 3(1)(x) of
the SC & ST (PoA) Act, pending in the Court of learned
3rd Addl. Sessions Judge, Bhubaneswar.
3. The allegation is that on 28.02.2017, when the
informant was in his hostel room, the petitioner along
with others entered into his room and scolded him in
filthy language abusing his caste and threatened with
dire consequences. Hence, the F.I.R.
4. After the investigation, the charge sheet has been
filed in the present case on 30.04.2017 for alleged
commission of the offences punishable under Sections
451/294/323/506/34 of the IPC r/w Section 3(1)(r)(s)
of the SC & ST (PoA) Act.
5. The learned 3rd Additional Sessions Judge,
Bhubaneswar, vide its order dated 17.05.2017, has
taken the cognizance of the offences as mentioned
above and issued the order of N.B.W. against one of
the co-accused persons.
6. Before commencement of the trial, the parties
have entered into a settlement. On the basis of the
settlement terms, the present petition has been filed.
7. The opposite party No.2 has filed an affidavit
dated 11.04.2025, inter alia, stating as under:
"2. That, the aforesaid FIR had given cause of
action when the parties are prosecuting their
studies and now all of them have left the University
Premises and preparing for their future.
3. That, in the meantime the aforesaid issues have
been resolved between the parties and the
informant /deponent is not ready and willing to
proceed with the criminal case.
4. That, in view of the above appropriate order may
kindly be passed to drop the criminal proceeding in
connection with Sahid Nagar P.S. Case No.79 of
2017 corresponding to T.R. No.208 of 2017 pending
in the court of learned 3rd Additional Sessions
Judge, Bhubaneswar to secure ends of justice."
8. The petitioners and the opposite party No.2 are
present in the Court today. They are being represented
by their respective counsel and being identified by
them. They have also filed the photocopies of their
respective Aadhaar Cards to establish their identity,
which are taken on record.
9. The opposite party No.2, who is present in person
before this Court, on the query from the Court,
submits that the petitioners are the class fellows and
they were residing in the same hostel. Due to the
misunderstanding and sudden provocation, he had
filed the F.I.R. against the petitioners. However, they
have now settled their dispute. They have become
friends now. Therefore, he does not want to prosecute
the petitioners anymore.
10. Moreover, all the petitioners are preparing for
their Competitive Examination. Continuation of the
present proceeding will mar their career. Hence, they
submit that the proceeding initiated by the opposite
party No.2 against the petitioner may be terminated.
11. Mrs. Maharana, learned Additional Standing
Counsel appearing for the opposite party No.1-State
submits that the parties have settled their dispute.
They have also filed an affidavit before this Court in
that regard. The allegation made by the informant
against the accused petitioner are not much serious or
grievous in nature. Therefore, there is no legal
impediment in quashing the present F.I.R.
12. Regard being had to the fact that the parties have
settled their dispute and they have also filed the
affidavit in that regard, I am inclined to allow the
present petition. In the fact scenario of the present
case, subjecting the petitioners to the rigors of trial is
destined to be a futile exercise. The present case is
squarely covered by the judgments of the Hon'ble
Supreme Court in the cases of Gian Singh v. State of
Punjab and another, reported in 2012 (10) SCC 303;
B.S. Joshi & others v. State of Haryana &
another, reported in (2003) 4 SCC 675 and
Madhavrao Jiwajirao Scindia & another v.
Sambhajirao Chandrojirao Angre and others,
reported in AIR 1988 SC 709, therefore, the petition
deserves merit.
13. Taking into consideration the aforementioned
judgments, the facts of the case and submissions
made at the Bar, the F.I.R. in connection with Sahid
Nagar P.S. Case No.79 of 2017 corresponding to T.R.
No.208 of 2017 pending in the Court of learned 3rd
Addl. Sessions Judge, Bhubaneswar and the
consequential proceedings arising therefrom qua the
petitioners are quashed.
14. In the interest of guidance and preventive
purposes, but not as punitive measure, I intend to
require the petitioners to undertake the following
exercise:
A. All the petitioners shall tender unconditional and
unqualified written apologies to the principal of the
college and file those written apologies before this
court within ten days.
B. The petitioners shall visit Jharpada Jail,
Bhubaneswar within two weeks from today, compile a
report regarding the hygiene maintained in the jail
premises and suggest positive measures regarding the
same. They must furnish their suggestions to the jail
superintendent and obtain a certificate from him to be
filed before this court within four weeks from today.
The aforementioned conditional order has been
issued by this court to sound a note of caution to the
petitioners to deter from further indulging them in any
such act as alleged in this case and send the positive
massage to boarding and days scholars students of the
colleges not to indulge in such conduct as complained
of. By visiting the jail premises, they need to realize
the living condition of the prisoners in the jail, that
experience will impel them to come out from the
cocoon of their comfort to perceive the hard reality of
life, and value human dignity and nudge into a
positive direction and reform themselves into a good
citizen.
15. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 18-Apr-2025 12:11:41
