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Judgment
Savitri Ratho, J
This application under Section 482 Cr.P.C. has been filed by the petitioner for quashing the order of cognizance dated 30.06.2011 passed in 1.C.C. Case No. 33 of 2011 by the learned JMFC, Basudevpur taking cognizance of the offences punishable under Sections 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.
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.
Vide order dated 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.
Perused the report dated 04.12.2022 of the I.I.C., Basudevpur Police Station, District – Bhadrak, who has reported that on enquiry it came to light that the informant has settled the matter without any pressure, threat or fear through the accused person. Copy of the report is placed on record.
None appears for the opposite party No.2 when the matter is called.
List this matter in the week commencing 19th December, 2022.
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