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1988 Supreme(Ori) 115

LINGARAJA RATH
MD. KHALILUR RAHAMAN – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
M.R.MOHANTY, S.C.Sahoo, Y.DAS

LINGARAJA RATH, J.


( 1 ) THE petitioner has moved this Court for quashing of charge-sheet filed against him in G. R. Case No. 78/84 pending in the court of the S. D. J. M. , Kendrapara under Sections 506 and 294 IPC in which N. B. W. has been issued against him. Bereft of details, the facts are that the petitioner had married the daughter of opposite party No. 2 on 6-2-78, but however the couple had fallen apart and since 1979 the wife is living in her parental home and had instituted O. S. No. 94/82 in the Court of the Subordinate Judge, Kendrapara for maintenance. There was some allegation of the petitioner having been assaulted and harassed by opposite party No. 2 at Cuttack for which he instituted ICC Case No. 277/83 in the Court of the C. J. M. , Cuttack against the opposite party No. 2 and similarly an F. I. R. was also lodged by opposite party No. 2 before the O. I. C. , Kendrapara P. S. out of which the G. R. Case No. 78/84 has arisen. During the pendency of the mutual cases between the parties, a compromise was reached amongst them at the instance of some respectable people including the Circle Inspector himself, a copy of which has been filed in this Court showing the par




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