Orissa High Court
Sonel Sekhar Nayak And vs State Of Odisha & Anr. .... Opposite ... on 8 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4880 of 2024
Sonel Sekhar Nayak and .... Petitioners
others
Mr. Jayadeb Behera, Advocate
-versus-
State of Odisha & Anr. .... Opposite Parties
Mr. U.R. Jena, AGA
Mr. Rakesh Sharma, Advocate (O.P.2)
CORAM:
JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 08.01.2025
01. 1. The petitioners are seeking to quash the
criminal proceeding vide C.T. Case No.497 of 2024 in
connection with Bharatpur P.S. Case No.168 of 2024
for the alleged commission of the offences punishable
under Sections 294/341/323/324/506/ 34 of the IPC,
pending in the file of the learned JMFC (V),
Bhubaneswar.
2. The allegation against the petitioners is that on
15.03.2024 complainant Rajesh Chandra Rout filed a
written report before the IIC., Bharatpur police station
to the effect that some of the senior students cause
harm to his son by ragging and threatening with dire
consequences who is a 1st year student of SOA National
Institute of Law. He has also made complaint before the
DEAN of the University and mentioned the name of the
senior students, who were involved in the alleged
crime. Hence, the F.I.R.
3. Investigation in the present case is still going
on and at this stage, the parties have settled the
dispute and filed the affidavits in Court to that effect.
4. The petitioners are pursuing law course in
SOA Law University. All the petitioners are present in
Court and being represented by respective counsel.
Opposite party no.2, the informant, who is father of
another student is also present in Court being
represented by his counsel and identified by the
counsel . They have filed self-attested copies of their
Aadhaar card to establish their identity. On the query
made by this Court, the informant-opposite party no.2
stated that the parents of the petitioners' have
approached him and on the intervention of the well-
wishers and parents of the petitioners, the matter has
been settled.
5. The petitioners have filed affidavit dated
07.01.2025 stating, inter alia, as under:-
"2. That due to some misconception of facts and
some disturbance between the son of the informant
and the petitioners who are the students of SOA
National Institute of Law, the informant who is the
father of the victim boy has filed a case against me
and others, which was registered as Bharatpur P.S.
Case No.168 of 2024 corresponding to C.T. Case
No.497 of 2022, lying in the file of learned JMFC
(V), Bhubaneswar.
3. That in the meantime the dispute between the
parties have already been amicably settled and to
that effect a Deed of Compromise was made
between the parties on 12.11.2024 and as per
compromise both the parties agreed to maintain
peace and friendly to each other in future and never
misbehave and further neither party shall directly
or indirectly create any disturbance to other party
and the first party member (informant) shall
withdraw the FIR lodged before the Bharatpur
Police Station."
6. The opposite party no.2-informant has also
filed an affidavit dated 08.01.2025 stating, inter alia, as
under:-
"2. That I have lodged an FIR in the Bharatpur
Police Station against the present petitioners on
15.03.2024 which was registered as Bharatpur P.S.
Case No.168 of 2024 for commission of alleged
offences punishable under Sections
294/323/324/34/341/506 of IPC, 1860
corresponding to C.T. Case No.497 of 2024 in the
Court of learned JMFC (V), Bhubaneswar.
3. That in the meantime the dispute between the
parties have already been amicably settled and to
that effect a deed of compromise was made
between the parties on 12.11.2024 and as per
compromise both the parties agreed to maintain
peace and friendship with each other in future and
never misbehave and further neither party shall
directly or indirectly create any disturbance to other
party and the first party member (informant) shall
withdraw the FIR lodged before Bharatpur Police
Station. Accordingly, I do not want to proceed
further with the case and the said criminal
prosecution against the petitioners may be
quashed.
4. That in the meantime the well-wishers of both of
us took a decision to settle/compromise the dispute
between us. Dispute has been settled amicably and
we agreed to live happily without any further
disturbances. Family members as well as well-
wishers of both the parties settled the dispute.
5. That in the facts and circumstances stated above
it has become crystal clear that the dispute has
already been settled between the parties. No useful
purpose will be served by further continuing the
aforesaid criminal proceeding against the present
petitioners.
6. That it is respectfully submitted that due to
intervention of well-wishers of both the parties the
dispute has already been resolved and since that
date we are residing peacefully. Brotherhood has
already been restored between us. Therefore, I do
not want to proceed any further in C.T. Case No.
497 of 2024 pending in the court of learned JMFC
(V), Bhubaneswar arising out of Bharatpur P.S.
Case No. 168 of 2024."
7. Mr. U.R. Jena, learned Additional Government
Advocate submits that the petitioners and the victim
are students and due to misunderstanding and sudden
provocation, the incident appears to have taken place.
But now the petitioners repent on their mischievous
conduct committed by them and apologized to the
father of the victim and also filed affidavit before this
Court. The allegations are minor in nature and there is
no legal impediment for quashing of the FIR.
8. Regard being had to the submissions made by
the parties and the fact that the investigation is still
going on and the petitioners are young students
pursuing their law course and keeping in view the
judgment of the Hon'ble Supreme Court in the cases of
Gian Singh v. State of Punjab and another, reported
in 2012 (10) SCC 303 and B.S. Joshi and others v.
State of Haryana and another, reported in (2003) 4
SCC 675, I am of the considered view that subjecting
the petitioners to the rigors of the trial would be a futile
exercise. Therefore, the petition deserves merit.
9. The petitioners before this Court are the
students of law. The conduct of the petitioners are
unbecoming of student of law. A good law student
could eventually be a good lawyer that goes beyond the
academic achievements. It is expected from a lawyer
that besides having legal knowledge he supports the
cause of vulnerables, advocates for the justice and
become voice for voice less. Upholding high standards
of integrity, lawyer not only shapes their professional
career but also set an example as a model citizen.
However, in the nasent stage of their career as the law
students, the conducts of the petitioners are highly
objectionable. Ultimately pursuit of legal education is
not just about eventual personal success but about
thriving for a course change in the society towards
positivity. Therefore, while quashing the criminal case
against the petitioners, this Court feels it appropriate
to direct the petitioners to volunteer at an orphanage of
their choice for a period of one week where they will
involve in teaching or conducting any workshop for the
children studying in the orphanage. The petitioners
shall choose the orphanage and inform about the
present order to the head of the orphanage and get a
certification from the head of the orphanage after
completion of their one week teaching or conducting of
work shop. The petitioners are required to furnish the
certification of the orphanage head before this Court
within a period of four weeks. I hope that the
experience will nudge the impressionable youth present
before me into a positive direction.
10. Accordingly, the criminal proceeding in
connection with Bharatpur P.S. Case No.168 of 2024
corresponding to C.T. Case No.497 of 2024, pending in
the file of the learned JMFC (V), Bhubaneswar is
quashed.
11. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB
Location: High Court of Orissa, Cuttack
