Sanjeevi @ Kancherla Sanjeeva v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P Nos.18248 and 564 of 2023 Mr.Sanjeevi @ Kancherla Sanjeeva (M/27 Y) S/o.John Jabez Samuel ... Petitioner/Accused 1 in Crl.OP.No.18248/2023 1.Mrs.usha @ usha Rani (F/46 Y) W/o.John Jabez Samuel 2.Mr.Samuel Jebby @ John Jabez Samuel , (M/62 Y) S/o.John Sanejeeva 3.Vinni @ Kancherla (M/25 Y) S/o.John Jabez Samuel ... Petitioner/Accused 2 to 4 in Crl.OP.No.564/2023 vs.
1.State represented by The Inspector of Police, All Women Police Station Pulianthope, Chennai.
2.P.Sharon Cecelia Kancherla Sanjeeva ... Respondents in Both Crl.OPs 1/6
COMMON PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with FIR No.13/2020, pending on the file of the 1st respondent/Police and quash the same.
For Petitioners (in Crl.OP.No.18248 of 2023) : Mr.P.Govindarajan (in Crl.OP.No.564 of 2023) : Mrs.C.Vijayalakshmi For Respondents : Mr.A.Gopinath (Both Crl.OPs) Government Advocate (Crl.side) [R1] ***** COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the FIR in Crime No.13 of 2020, pending investigation on the file of the first respondent.
2. The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
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3. A Joint Memo of Compromise dated 01.09.2023 signed by both petitioners and second respondent/de facto complainant and their respective counsel have been filed before this Court. Consent affidavit has also been filed by the second respondent/de-facto complainant before this Court. The petitioners and second respondent were also present in person before this Court and they were identified by Mrs.C.Rangeshwari (Mobile No.9498127538) WSSI, W-16 AWPS, Pulianthope, Chennai-600012. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.13 of 2020 pending on the file of first respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
4. Under such circumstances, no useful purpose will be served in keeping the case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 3/6
482 Cr.P.C. quashes the FIR in Crime No.13 of 2020 pending on the file of first respondent.
5.Both the Criminal Original Petitions stand allowed and as a sequel, the investigation in Crime No.13 of 2020, pending on the file of first respondent is quashed and the terms of affidavits shall form part and parcel of this order. 01.09.2023 Index : Yes/No Speaking Order/Non-Speaking Order kp 4/6
To 1.The Inspector of Police, All Women Police Station Pulianthope, Chennai.
2.The Public Prosecutor, High Court of Madras, Madras.
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N.ANAND VENKATESH, J.
KP Crl.O.P Nos.18248 and 564 of 2023 01.09.2023 6/6