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Madras High CourtCRL OP/15250/2015dismissed as settled out of court

G.Amarnath v. T.Santhiya

2015-10-08Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08-10-2015 Coram THE HONOURABLE MR. JUSTICE B.RAJENDRAN Criminal Original Petition No. 15250 of 2015 and M.P. No. 1 of 2015

1. G. Amarmath

2. R.K. Gopalan

3. Nalayeni Gopalan

4. S. Rajesh

5. R. Radha .. Petitioners

Versus

T. Santhiyha .. Respondent Petition filed under Section 482 of Cr.P.C. praying to call for the records and quash the proceedings in CMP No. 491 of 2015 pending on the file of learned Judicial Magistrate, Alandur.

For Petitioners :

Mr. A. Mohamed Ismail For Respondent :

Mr. R. Bhagawat Krishna

ORDER

This Criminal Original Petition was referred for mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras for exploring the possibility of a settlement of the dispute between the parties.

2.

A communication dated 29.09.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 03.09.2015 has been received, wherein it is stated as follows:- "Both the parties appeared before the Centre along with their Counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence, the matter is sent back to the Hon'ble Court."

3.

As the parties have arrived at a settlement in terms of the agreement entered into between them, this Criminal Original Petition is listed for passing an order in terms of the settlement.

https://hcservices.ecourts.gov.in/hcservices/

4.

As per the Mediation report dated 03.09.2015, the petitioners as well as the respondent have arrived at a compromise and it was reduced in to writing. The terms and conditions of the agreement has been duly signed by the parties in the presence of witnesses which reads as follows:- ''Both sides, out of their own volition and without any pressure or coeercion from any side have agreed as follows:- 1.

The first petitioner and the respondent are willing to live together (re-union) in the residence of the first petitioner and lead their life in prosperous way 2.

Both parties withdraw their allegation alleged against each other. The respondent agrees to file No Objection in quash petition.

3.

The petitioner and the respondent arrive at the above compromise on their own will, violition without any coercion or undue influence.."

5.

Having regard to the fact that the petitioners as well as the respondent have entered into a memorandum of compromise, in terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras in its Report dated 03.09.2015, this Criminal Original Petition is disposed of. The Mediation Agreement and the report of the Mediation Centre shall form part of this order. Consequently, connected MP No. 1 of 2015 is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar rsh Xerox copy of Mediation Agreement and report is attached.

1. The Judicial Magistrate, Alandur

2. -do-thro'The Chief Judicial Magistrate, Chengalpattu. Crlop No. 15250 of 2015 kgk co kra 19/11/2015 https://hcservices.ecourts.gov.in/hcservices/