Orissa High Court
Dr. Sidhartha Sankar Pati vs State Of Odisha And Another .... ... on 30 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 297 of 2025
Dr. Sidhartha Sankar Pati .... Petitioner(s)
Ms. S.P. Sunandini, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. S.J. Mohanty, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 30.01.2025
01. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. in
Burla P.S. Case No. 454 of 2023 came to be registered against the
petitioner corresponding to S.T. Case No.39 of 2024, pending the
court of the learned Sessions-cum-Special Judge, Sambalpur for the
alleged commission of offences under Sections 341/294/323/
307/355/506/34 of IPC read with Section 3(1)(r)/
3(1)(s)(za)(A)/3(2)(va) of Schedule Castes and Schedule Tribes
(Prevention of Atrocities) Act, 1989 (Amended of 2015).
3. The allegation against the petitioner is that on 05.10.2023
at about 1.00 P.M., opposite party no.2 lodged an FIR in Burla P.S.
alleging therein that at about 2.00 P.M. the petitioner and his
associate were present in the said hospital. At that time, while the
opposite party no.2 had gone to get water from the aqua guard
installed in the hospital, the petitioner along with others abused him
in the filthy language by indicating his caste. While he opposed, the
petitioner and his associates assaulted him by means of kick blows
on intention to kill him. As a result of which, the opposite party
no.2 received injury on his person and shifted to the casualty of
Burla hopspital. Hence, the FIR.
4. Investigation in the present case is still going on. The
petitioner is a doctor in VIMSAR, Burla, whereas opposite party
no.2 is working as a security guard in the said hospital. Due to
misunderstanding and spur of the moment, the FIR appears to
have been registered by the opposite party against the petitioner.
When the investigation is on ,at that stage the parties have arrived at
a settlement. Opposite party no.2 has filed an affidavit dated
23.01.2025 stating inter alia as under:-
"2. That, I am the informant of Burla P.S case No. 454 of 2023
corresponding to S.T. case No. 39 of 2024 pending before the
Learned Sessions Judge, Sambalpur.
3. That, I have lodged an information on dated 05.10.2023
stating therein that while I was on duty at Gents Hostel-I,
VIMSAR, Burla,at about 02:10 A.M. Dr. Sidhartha Pati and his
associate abused me in filthy language by indicating my caste.
When I opposed they assaulted me by means of kick blows.
4. That, after the filing of the F.I.R, the matter has been
resolved with the intervention of the local gentlemen and same
has been subsided.
5. That, I have sworn an affidavit before the Executive
Magistrate, Sambalpur which has been annexed herewith and
marked as Annexure-B.
6. That, at this stage I don't want to continue further litigation
regarding this case.
7. That, since the matter has been amicably settled, we both the
parties are not in a position to continue the case.
8. That, keeping in view of the above, I sincerely pray before
this Hon'ble court that the F.I.R may be quashed."
5. Both the petitioner and opposite party no.2 are present
through virtual mode and being represented and identified by their
respective counsels. They have also filed self-attested copies of
their Aadhaar Cards to establish their identity, which are taken on
record.
6. On query from the Court, opposite partyno.2 stated that he
is employed as a security guard in the hospital whereas the
petitioner is a doctor and due to misunderstanding the occurrence
took place and on sudden provocation he had lodged the FIR. He
further submits that on the intervention of well-wishers and seniors
of the hospital, they have arrived at a settlement and pursuance to
the same the petitioner has filed this petition seeking quashing of
the proceeding.
7. Mr. Mohanty, learned counsel for the State submits that
the allegation made by the opposite party against the petitioner are
minor in nature and there has been no physical injury appears to
have been caused to the petitioner. Since the parties have settled the
dispute and both the petitioner and opposite party no.2 are working
for the same organization, this Court may give indulgence to them
as there is no legal impediment.
8. Regard being had to the allegation made by the opposite
party no.2 against the petitioner and the fact that they have settled
the dispute and filed affidavit before this Court, I am inclined to
allow the present petition. Further, continuation of the present
proceeding will not endure to the benefit to either parties and,
therefore, in these circumstances subjecting the petitioner to rigors
of the trial is destined to be futile exercise. The case of the
petitioner is directly covered by the judgment of the Hon'ble
Supreme Court in the cases of Gian Singh vs. State of Punjab and
another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs.
State of Haryana & another reported in (2003) 4 SCC 675.
9. Accordingly, the criminal proceeding in connection with
Burla P.S. Case No. 454 of 2023 corresponding to S.T. Case No.39
of 2024, pending the court of the learned Sessions-cum-Special
Judge, Sambalpur is quashed qua the petitioner, subject to the
petitioner paying Rs.25,000/- (Rupees twenty-five thousand) to
opposite party no.2 and file receipt thereof before this Court.
10. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB
Location: High Court of Orissa, Cuttack
Date: 30-Jan-2025 18:54:15
