KAMALAKANT RAY Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. has been filed by the petitioner for quashing the order of cognizance dtd. 30/6/2011 passed in 1.C.C. Case No. 33 of 2011 by the learned JMFC, Basudevpur taking cognizance of the offences punishable under Ss. 354/323/294/506/34 of IPC. Mr Mohapatra, learned counsel for the petitioner submits that the petitioner and the Opposite Party are related to each other and are co-villagers and the case was registered on account of some misunderstanding. The case is pending since 11 years and has been amicably settled and opposite party No.2 does not want to proceed further in the case.

(2.) Waiving notice, opposite party No.2 has appeared through counsel and filed an affidavit stating that the petitioners have been living cordially and the case is unnecessarily pending since 11 years, so she has decided not to adduce any evidence against the petitioners.

(3.) Vide order dtd. 10/11/2022, the I.I.C., Basudevpur Police Station had been asked to obtain instructions if the affidavit filed by the opposite party No.2 has been executed voluntarily.