SHRI SOMNATH NANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Learned Counsel for the Petitioner the Learned Counsel for opposite party No. 2 and the learned Addl. Standing Counsel for the State.

(2.) THIS Criminal Misc. Case has been filed invoking the inherent jurisdiction of this Court for quashing the further proceeding in G.R. Case No. 562/2003 pending in the Court of the S.D.J.M., Cuttack. The said criminal proceeding was set in motion by virtue of an FIR lodged by the informant opposite party No. 2, Ramesh Chandra Biswal, alleging that his daughter had been kidnapped by the accused -Petitioner.

(3.) IN view of the aforesaid facts and circumstances, I feel continuance of G.R. Case No. 562 of 2003 in the Court of the S.D.J.M., Cuttack would cause a dent in the peaceful married life of the couple and will be an abuse of the process of law. Therefore, following the ratio of the decision of the SC in Fazle Gaffar Khan v. State of W.B.,, 2000 SCC (Cri) 686, which has been followed in a catena of decisions of this Court including Cri. M.C. No. 8406/01 (Surajit Patra v. State) decided by me on 24 -6 -2003, I quash the further proceedings in G.R. Case No. 562 of 2003. Accordingly, the Criminal Misc. Case is disposed of.