Orissa High Court: In a criminal petition to quash the criminal proceedings for offences punishable under Sections 294/341/323/324/506/ 34 of the Penal Code, 1860 (‘IPC’) against students at SOA National Institute of Law, the Single Judge Bench of Sibo Sankar Misra, J. allowed the petition and quashed the criminal proceedings against the law students.
It was alleged by the complainant-father that some of the senior students harmed his son who is a 1st year student at SOA National Institute of Law by ragging and threatening with dire consequences. It was submitted that a complaint before the DEAN of the University was also made. Investigation in the matter is still going on and the parties have settled the dispute and filed the affidavits in Court to that effect.
The Court perused the affidavit of settlement between the parties, which mentioned-
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. 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.
Considering the submissions and in light of Gian Singh v. State of Punjab, 2012 (10) SCC 303 and B.S. Joshi v. State of Haryana, (2003) 4 SCC 675, the Court viewed that subjecting the accused persons to the rigors of the trial would be a futile exercise. The Bench said that they are students of law, and their conduct is unbecoming of student of law. The Bench stated that, “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 vulnerable, 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.”
In the matter at hand, the Court said that however, in the nascent stage of their career as law students, the conduct of the petitioners/ accused persons is 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 them, the Court directed them 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 Court directed that the head of the orphanage shall be informed about the present order and get a certification after completion of their one week teaching or conducting of workshop. The Court directed the accused persons to furnish the certification of the orphanage head before this Court within a period of four weeks.
[Sonel Sekhar Nayak v. State of Odisha, CRLMC No. 4880 of 2024, decided on: 08-01-2025]
Advocates who appeared in this case:
For the petitioner: Jayadeb Behera, Advocate
For the respondent: U.R. Jena, AGA; Rakesh Sharma, Advocate
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