BALABHADRA PRASAD DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this application under Section 482 of the Code of Criminal Procedure, 1973 (in short. the 'Code') a prayer has been made by Balabhadra Prasad Das and Smita Das, petitioner Nos. 1 and 2 respectively, for quashing the proceeding in G. R. Case No. 676 of 1993 pending in the Court of Sub-divisional Judicial Magistrate, Balasore.

(2.) Background facts as portrayed by them are as follows :

(3.) In the present application it has been stated that in view of the fact that petitioner No. 2 has clearly stated that she is major, ingredients necessary to attract application of Section 363, IPC, alleging commission of which first information report has been filed, are non-existent, and continuance of the proceeding would be sheer abuse of process of the Court. In spite of notice, opposite party No. 3 has not entered appearance.