S.Lavanya v. A.Saravanan @ Karthick Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.7.2015

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN Contempt Petition No.1188 of 2015 S.Lavanya .. Petitioner vs.

A.Saravanan @ Karthick Balaji No.5/471, Goundapalayam Gundamalai Gnagavalli Salem - 636 105 .. Respondent The Contempt Petition has been filed under Section 11 of The Contempt of Courts Act, 70/71, to punish the respondent for wilful disobedience of order passed in Crl.O.P.No.23257 of 2013 dated 18.12.2013 by this Court and further direct the respondent to comply with the order of this Court.

For petitioner : Mr.J.Saravanakumar

O R D E R

This contempt petition has been filed praying that this Court may be pleased to punish the respondent for wilful disobedience of the order passed by this Court, on 18.12.2013, in Crl.O.P.No.23257 of 2013.

2. The main contention of the learned counsel

appearing for the petitioner is that, in spite of the respondent having agreed to certain terms before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, on a reference by this Court, by its order, dated 21.9.2013, he had not complied with the same. The learned counsel appearing for the petitioner had further submitted that the respondent had committed contempt of Court, as this Court, by its order, dated 18.12.2013, made in Crl.O.P.No.23257 of 2013, had recorded the terms of the compromise memo, dated 23.10.2013, and it had closed the criminal original petition. In such circumstances, the respondent ought to be punished for wilful disobedience of the order passed by this Court, dated 18.12.2013, made in Crl.O.P.No.23257 of 2013.

3. Having considered the submissions made by the learned counsel appearing for the petitioner, as well as the averments made in the affidavit filed in support of the contempt petition, this Court finds that the contentions raised on behalf of the petitioner cannot be accepted. This Court, in its order, dated 18.12.2013, made in Crl.O.P.No.23257 of 2013, had merely recorded the compromise memo entered into between the parties before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras and it had closed the criminal original petition. In such circumstances, as no further orders are necessary, the

contempt petition stands closed. However, it is made clear that it would be open to the petitioner to seek the remedies available to her, if any, before the appropriate forum, in the manner known to law. No costs.

Lan SD/- DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/26/08/2015 One CC to M/S.J.Saravanakumar, Advocate, SR.9688.