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Judgment
4 paragraphs · 315 wordsA.S. Naidu, J.—Heard Learned Counsel for the Petitioner the Learned Counsel for opposite party No. 2 and the learned Addl. Standing Counsel for the State.
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 pposite party No. 2, Ramesh Chandra Biswal, alleging that his daughter had been kidnapped by the accused-Petitioner.
It is submitted by the Petitioner''s counsel that there was love affair between the Petitioner and the victim girl who was major. Out of their own will they got married before the Marriage Officer, Khurda, Bhubaneswar under the provisions of the Special Marriage Act. The certificate of marriage issued by the said Marriage Officer dated 24.4.2003 is produced in Court along with an affidavit sworn to by the informant. The informant has also appeared through his counsel and filed an affidavit stating that he is No. more interested to pursue the criminal case as his daughter has married and she is leading a peaceful married life.
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.