Bichitra Nath v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1141 of 2012 Bichitra Nath ....

Petitioner Mr. Partha Sarathi Nayak, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. P. K. Muduli, AGA and Ms. Jemima Sarkar, Advocate for Opposite Party No.2

CORAM:

THE CHIEF JUSTICE

ORDER

13.05.2022 08.

1. Mr. Rakesh Behera and his associate, Ms. J. Sarkar, learned Order No.

counsel enter appearance for Opposite Party No.2 and file their Vakalatnama along with an affidavit today, which is taken on record.

2. An affidavit has been filed by Opposite Party No.2 stating inter alia that she has been married to the Petitioner for over 10 years now and that she has no objection if the order dated 12th December, 2011 passed by the J.M.F.C., Chandikhole in G.R. Case No.660 of 2011 arising out of Balichandrapur P.S. Case No.114 of 2011 against the Petitioner is quashed.

3. It is noted that the couple have two children in the meanwhile. The Court also perused the order already passed by this Court on 17th May, 2012 in the present matter noting that the in-laws of

Opposite Party No.2 given an assurance that they would take good care of Opposite Party No.2.

4. In view of all of the above developments, the Court quashes the order dated 12th December, 2011 passed by the J.M.F.C., Chandikhole taking cognizance against the Petitioner in G.R. Case No.660 of 2011 arising out of Balichandrapur P.S. Case No.114 of 2011.

5. The petition is allowed, but in the circumstances, with no order as to costs. The interim order passed earlier stands vacated.

6. The Superintendent of the concerned Branch is directed to immediately communicate this order to the J.M.F.C., Chandikhole. (Dr. S. Muralidhar) Chief Justice M. Panda