Full Judgment
CRLMC No.2915 of 2013 & Misc.
Case No.1975 of 2013 04.
30.01.2014 Heard learned counsel for the petitioners and learned counsel for the State.
None appears for the informant-opposite party no.2 inspite of service of notice.
This application under Section 482 Cr.P.C.has been filed for quashing of the criminal proceeding against the petitioners in G.R.Case No.238 of 2010, pending in the court of learned S.D.J.M., Bhubaneswar, arising out of Mancheswar P.S.Case No.30 of 2010, under Sections 147/148/427/294/332/323/436/506/149 I.P.C.and the order of cognizance passed therein.
The brief facts of the case is that the informant, who is the Principal of Hi-tech Medical College and Hospital lodged a written report before the I.I.C., Mancheswar police station, Bhubaneswar, on 29.01.2010 alleging therein that on 28.01.2010, the M.Sc.
students of Hi-tech Medical College and Hospital continued agitation, demanding declaration of their examination date by Utkal University for which an F.I.R.was lodged on 16.01.2010 for such disturbance in Vanibihar and such F.I.R.was lodged at Saheednagar police station.
The students who squatted in front of the office of the Principal since 28.01.2010 at about 10 A.M.on 29.01.2010 in the leadership of the petitioners and others entered into some class rooMs.rebuked the teachers and students in filthy language and forced to the students to leave the class rooMs.It was further alleged that they were prevented by the security guard and police, they attacked and assaulted them when the students were driven out of the verandah, they pelted stones at the security staffs, as a result of which some security staffs and 2 students sustained injuries.
It was also alleged that the agitating students threatened to set fire to the buses and decamped after breaking glasses or windows.
The police after completing the investigation submitted charge-sheet against the present petitioners and others before the learned S.D.J.M., Bhubaneswar, who vide order dated 17.08.2013 took cognizance of offences under Sections 147/148/427/294/332/ 323/436 /506/149 I.P.C.It is submitted that both the petitioners are ladies and there is no specific overt act attributed to them in the alleged crime.
It is further submitted that both the petitioners have already completed their education and are No.being employed and therefore allowing continuance of the criminal proceeding would adversely affect their future career.
It is further submitted that subsequent to the registration of the F.I.R., as the dispute arose out of students agitation, the informant-opposite party no.2 vide his letter dated 01.02.2010 addressed to the I.I.C., Mancheswar police station, Bhubaneswar, had intimated the fact that the matter has been amicably settled/ compromised between the students and the Management of the college as per Annexure-4.
However, the police authorities did No.accept the said compromise between the parties on the ground that the offences alleged are No.compoundable and have accordingly submitted charge-sheet against the present petitioners and otheRs.It is accordingly submitted that as the dispute arose out of students agitation and in the meantime the petitioners and others have already completed their education and are employed and the informant has already intimated the fact of such compromise/settlement between the students and the Management 3 of the college as per Annexure-4, no useful purpose would be served by allowing continuance of the criminal proceeding against the petitioneRs.especially when the chances of their ultimate conviction are bleak.
Moreover, the continuance of criminal proceeding would adversely affect their future career.
Considering the submissions made and keeping in view the fact that the dispute arose out of students agitation and the same has already been settled/compromised, as per the letter of the Management of the College under Annexure-4, I find no useful purpose would be served by allowing continuance of the criminal proceeding against the petitioneRs.especially when the chances of their ultimate conviction are bleak.
Accordingly, the criminal proceeding initiated against the petitioners in G.R.Case No.238 of 2010, pending in the court of learned S.D.J.M., Bhubaneswar, arising out of Mancheswar P.S.Case No.30 of 2010, under Sections 147/148/427/294/332/323/ 436/506/149 I.P.C., and all consequential criminal proceedings are hereby quashed.
CRLMC and misc.
case are accordingly disposed of.
Issue urgent certified copy as per rules.
………………….…… S.C.Parija, J.