Ashwini Kumar Pradhan @ vs State Of Odisha
2025 Latest Caselaw 658 Ori

Orissa High Court

Ashwini Kumar Pradhan @ vs State Of Odisha on 15 May, 2025

AFR             IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLMC No. 1498 of 2025
          Application under Section 528 of the Bharatiya Nyaya Sanhita ,
      2023 , arising out of G.R. Case No.412 of 2025 pending in the Court of
      the learned S.D.J.M., Nabarangpur .
                                          --------------

            Ashwini Kumar Pradhan @
            Aswani Kumar Pradhan                    ......                    Petitioner

                                                 -versus-


            1. State of Odisha
            2. Lachhaman Harijan
            3. Rasmila Harijan                   ......                      Opp. Parties

            --------------------------------------------------------------------------------

             For Petitioner              : Mr. B.R. Mohanty, Advocate
                                           with Mr. Satyabrata Jena, Advocate


            For Opp. Parties             : Mr. Raj Bhusan Dash, A.S.C.
                                            (for O.P. No.1)
                                            Mr. Sudarsan Behera, Advocate
                                           (for O.P. Nos.2 and 3)
            --------------------------------------------------------------------------------


            CORAM:
                  HON'BLE MISS JUSTICE SAVITRI RATHO


                                     JUDGMENT

15.05.2025

Savitri Ratho, J. "Spare the rod and spoil the child." This maxim no

longer holds good today.

2. Not so long ago , no eyebrows were raised at a slap , or a

box on the ears, a rap on the knuckles , or even a spanking by

parents or teachers meted out to an unruly or naughty child . Now

the same is anathema , as what was earlier considered to be

necessary to discipline an unruly or disobedient child , is now an

offence .

3. On 11.12.1992 , India has ratified the Convention on the

Rights of the Child ( in short "Child Rights Convention") adopted

on 20.11.1989 by the United Nations General Assembly , Article

19 of which , provides that all measures would be taken to protect

the child from all forms of physical or mental violence , injury or

abuse, neglect or negligent treatment, maltreatment or exploitation,

including sexual abuse, while in the care of parent(s), legal

guardian(s) or any other person who has the care of the child .

4. For protection of the rights and welfare of children , apart

from the Indian Penal Code (replaced by the Bharitya Nyaya

Sanhita in 2023 , in short" BNS" ), the following legislation have

been enacted-

i) Juvenile Justice ( care and Protection ) Act 2015 ( in short "JJ

Act" )

ii) The Prohibition of Child Marriage Act 2006 ,

iii) The Protection of Children from Sexual Offences Act 2012 , (

in short " the POCSO Act")

iv) The Child Labour ( Prohibition and Regulation) Act , 1986; and

v) The Right of Children to Free and Compulsory Education Act

2009( in short RCFCE Act") has also been enacted keeping the

rights and welfare of a child .

5. This CRLMC has been filed for quashing the criminal

proceeding vide Nabarangpur P.S. Case No.124 of 2025

corresponding to G.R. Case No.412 of 2025 pending in the Court

of the learned S.D.J.M., Nabarangpur, registered for commission

of offences punishable under Sections 115(2) and Section 296 of

the Bharitiya Nyaya Sanhita 2023 (in short "BNS") and Section 75

of the Juvenile Justice (Care and Protection of Children) Act, (in

short "JJ Act"), on the ground that false allegations had been made

against the petitioner and the matter has been amicable settled

between the petitioner and opposite parties No.2 and 3 ( parents of

the child) and the child has not sustained any injury and is

pursuing his normal activities.

BACKGROUND

6. On the allegation that the petitioner, who is a teacher

had assaulted a student (son of opposite parties No. 2 and 3)

repeatedly on his ear, resulting in pain and temporary loss of

hearing in that ear, an FIR had been lodged by his father - opposite

party No 2 on 26.03.2025 , leading to registration of Nabarangpur

P.S. Case No.124 of 2025 corresponding to G.R. Case No.412 of

2025, in the Court of the learned S.D.J.M, Nabarangpur , for

commission of offences under registered for commission of

offences punishable under Sections 115(2) / 296 of the BNS and

Section 75 of the JJ Act , 2015, against him.

RELEVANT PROVISIONS

7. Article of the Child Rights Convention , Section 17 of the

RCFCE Act and Section 75 of the JJ Act are extracted below : -

"Article 19. 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement."

―Section - 17 Prohibition of physical punishment and mental harassment to child.--(1) No child shall be subjected to physical punishment or mental harassment. (2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person."

―Section 75. Punishment for cruelty to child.--Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both."

SUBMISSIONS

8. Mr. Satyabrata Jena, learned counsel for the petitioner

submits that a false FIR has been lodged against the petitioner on

account of school politics on the instruction of the Headmaster and

the child is hale and hearty and the matter has been settled between

the petitioner and the parents of the child who are opposite parties

no 2 and 3 in this CRLMC and they have filed affidavits that their

child is fine and they do not want to proceed against the petitioner .

9. Mr. Sudarsan Behera, learned counsel has appeared on

behalf of Opposite Parties Nos.2 and 3 (parents of the student)

submits that the child has not suffered any permanent injury and as

the matter has been settled between them, they do not want to

proceed against the petitioner and they have filed separate

affidavits, which are at Flags-A and B.

10. In the affidavit filed by the Opposite Party No.2 (father

of the child), it is stated that his son was examined by the doctor at

CHC, Nandahandi and no external or internal injury was detected

as well as with normal health and this matter has been settled and

he does not want to proceed against the petitioner. No medical

certificate has been annexed with the affidavit.

11. Affidavit has been filed by Opposite Party No.3 mother

of the boy stating that the matter has been settled and they do not

want to proceed in the matter.

12. Mr Raj Bhusan Dash, learned Additional Standing Counsel

has produced the case diary and instructions dated 01.05.2025 of

the I.I.C., Nabarangpur Police Station. . He submits that as per his

instructions the matter has been settled between the parties . He

also submits that the child may not have suffered any permanent

injury but on account of the beating , he has suffered physical and

mental trauma which make out the offences alleged against him .

DISCUSSION AND CONCLUSION

13. Not satisfied with the affidavits of the parents or the medical

documents filed on behalf of the petitioner relating to the injuries

sustained by the child and the treatment given to him, , the

Secretary, District Legal Service Authority, Nabarangpur had been

requested to go to the village of the opposite parties no. 2 and 3 ,

meet the child and submit a report .The report dated 09.05.2025

has been submitted alongwith photographs of the child . It is stated

in the report as follows:-

"In compliance to the instructions imparted by the Hon'ble High Court of Orissa, Cuttack, I along with my two staffs visited the house of Lachhaman Harijan situated at village B-Maliguda under Nabarangpur Police Station on 08.05.2025 at around 07:30 AM. The House was identified by one Para Legal Volunteer. During the visit it is found that the house was locked and on being asked the nearby relatives of Lachhaman Harijan told that all the family members had been to nearby village to sell fancy items on the eve of Bali Yatra. They were told to call upon the family members of Lachhaman Harijan on next date i.e. 09.05.2025.

On 09.05.2025, again I with my staff members proceeded to the house of the Lachhaman Harijan at around 07:00 AM. Lachhaman Harijan and his wife & his four children's were present. I called upon the victim Kunal Harijan and asked him about any incident happend to him. He denied to have any incident. He was asked to show both of his ears. His parents told that on 21.03.2025 he had been to School for appearing for exam and returned home complaining of pain on left side ear. The Victim's Mother told us that he was suffering from toothache leading to pain in both of his ears. The Victim is found to be in good health and found no external injury mark on both side of his ears. The victim

found to be reciprocating us while interaction which seems he is able to hear everything. The family members was asked to produce any medical documents and X-ray report of ear. They denied to have gone for any X-ray of victim's ear but told us he was taking some medicine. No permanent or serious injury was alleged by the victim but he complained to have pain in his ears on account of toothache. The victim was told to open his mouth and the entire mouth found to be having cavity.

Further, some photographs of said visit and xerox copy of medical prescription is attached in a separate sheet for favour of kind perusal."

14. The IIC has stated in his report that that he has enquired

into the present health condition of the victim-Kunal Harijan that

he is doing his normal work and hearing properly in both the ears.

15. In the report of the Secretary DLSA , it is stated that the

child appeared healthy , is able to hear normally , there was no

noticeable injury on his ear but he has cavities in his teeth and both

he and his mother stated that he is suffering pain in the ear due to

toothache .

16. The case diary produced by Mr. Jena, learned Additional

Government Advocate indicates that the incident occurred on

21.03.2025 and FIR was registered on 26.03.2025 and the child

was under treatment at his house. The allegation being that he was

assaulted by the petitioner, his class teacher, on his ear, for two

days he was unable to hear. On police requisition, the child had

been sent for medical examination and has been examined on

27.03.2025 by the Medical Officer, CHC, Nandahandi and in the

report it has been noted that no visible injury marked on the body

and patient obeys command of usual voice. In the prescription

attached, it is noted that the patient has been advised to undergo X-

ray of the mastoid. Notice under Section 35(3) of the BNSS has

been issued to the petitioner.

17. In view of the settlement between the parties , even though I

am prima facie satisfied that the petitioner had beaten the child ,

but as the complainant does not want to proceed against the

petitioner , I am of the view that no useful purpose will be served

by keeping the proceeding pending as it will be an exercise in

futility and the valuable time of the Court will be unnecessarily

wasted .

18 That apart , the child has not suffered any permanent injury

and his hearing has not been affected . I am therefore satisfied that

the proceeding against the petitioner should be quashed in the

interest of justice .

19. The proceeding in G.R. Case No.412 of 2025 pending in

the Court of the learned S.D.J.M., Nabarangpur , which arises out

of Nabarangpur P.S. Case No.124 of 2025 stand quashed .

20. The petitioner should abide by Section 17 of the Right of

Children to Free and Compulsory Education Act , so that further re

not received against him, that he is beating any student .

21 . The CRLMC is accordingly disposed of.

...........................

(Savitri Ratho) Judge Orissa High Court, Cuttack.

The 15th May, 2025.

Sukanta

Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 21-May-2025 19:27:39