'Unbecoming Of Law Student': Orissa High Court Quashes Ragging Case Against Law Students On Condition Of Teaching At Orphanage

The Orissa High Court on Wednesday (January 8) quashed an FIR and criminal proceedings against some law students of a private Law University of Bhubaneswar, who were accused of ragging a first-year law student and threatening him of dire consequences. Justice Sibo Sankar Mishra agreed to quash the FIR on the basis of a mutual settlement arrived in between the accused-students and the father of the victim-student. However, the Court expressed deep dismay over the conduct of the accused-students and observed –“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.”Case BackgroundThe father of the victim, a first-year male student, filed a complaint against the petitioners on 15.03.2024. He alleged that the petitioners being senior students of the Law School caused harm to his son by ragging and threatening with dire consequences. He had also approached the Dean of the Law School with his grievances. On the basis of such complaint, an FIR was lodged against the petitioners under Sections 294(Obscene acts and songs), 341(Punishment for wrongful restraint), 323(Punishment for voluntarily causing hurt), 324 (Voluntarily causing hurt by dangerous weapons or means), 506(criminal intimidation), 34(common intention) of the IPC. While the investigation was pending, the petitioners filed this petition seeking to quash the aforesaid FIR on the basis of a mutual settlement of truce arrived at by them with the victim (through his father).The petitioners filed an affidavit stating therein that the dispute between them has already been amicably settled and to that effect a 'Deed of Compromise' was made on 12.11.2024 and as per the compromise, both the parties agreed to maintain peace and friendly behaviour with each other in future.The father of the victim also filed another affidavit in similar line stating, inter alia, that due to intervention of well-wishers of both the parties, the dispute has already been resolved. Therefore, he does not want to proceed any further with the case.The Additional Government Advocate appearing for the State also submitted that the petitioners and the victim are students and due to misunderstanding and sudden provocation, the incident appears to have taken place. But since the petitioners repent their mischievous conduct and as allegations are minor in nature, there is no legal impediment for quashing of the FIR.Court's ObservationsThe Court took into account the submissions made by the parties and the settlement reached at by the parties concerned. Having regard for the ratio laid down in the cases of Gian Singh v. State of Punjab & Anr. and B.S. Joshi and others v. State of Haryana & Anr., Justice Mishra was of the view that subjecting the petitioners to the rigors of the trial would be a futile exercise. Thus, it agreed to quash the FIR and the pending proceedings.However, before parting with the order, the Court took a serious exception to the conduct of the petitioners, especially since they are students of Law. “Upholding high standards of integrity, lawyer not only shapes their professional career but also set an example as a model citizen. However, in the nascent 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, the Court directed them to volunteer at an orphanage of their choice for a period of one week where they will teach or conduct 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,” it added.Accordingly, the petition was allowed and the FIR as well as pending proceedings were quashed.Case Title: Sonel Sekhar Nayak & Ors. v. State of Odisha & Anr.Case No: CRLMC No. 4880 of 2024Date of Order: January 08, 2025Counsel for the Petitioners: Mr. Jayadeb Behera, AdvocateCounsel for the Respondents: Mr. U.R. Jena, Addl. Govt. Advocate; Mr. Rakesh Sharma, AdvocateCitation: 2025 LiveLaw (Ori) 3Click Here To Read/Download Order

'Unbecoming Of Law Student': Orissa High Court Quashes Ragging Case Against Law Students On Condition Of Teaching At Orphanage

Jyoti Prakash Dutta

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

'Unbecoming Of Law Student': Orissa High Court Quashes Ragging Case Against Law Students On Condition Of Teaching At Orphanage

Jyoti Prakash Dutta

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers