M.T.Sivagnanam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM:

THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM Crl.O.P.No.17162 of 2015 1 M.T.SIVAGNANAM 2 M.S.MANICKKAVELU 3 M.S.VIJAYAKUMAR 4 M.KARPAGAM 5 R.MOHANA 6 S.KOUSALYA 7 R.HEMALANI 8 M.C.BALASUBRAMANIAN [ PETITIONERS ] Vs 1 THE INSPECTOR OF POLICE K-1 SEMBIAM POLICE STATION PERAMBUR, CHENNAI.

[ RESPONDENT ] Prayer : Petition filed under section 438 of Cr. P.C., to enlarge the petitioners on bail in the event of arrest pending investigation in CR.NO.NOT KNOWN/2015. on the file of the respondent police.

For Petitioners : Mr. R.Rajasekaran For Respondent : Mr.C.Iyyappan, Government Advocate (Crl.side) For De facto complainant: Mr.Thiruvengadam O R D ER Heard Mr. R.Rajasekaran, learned counsel appearing for petitioners, Mr.C.Iyyappan, learned Government Advocate (crl.side) appearing for the respondent and Mr.Thiruvengadam, learned counsel appearing for defacto complainant.

2. The Criminal Original Petition was referred for mediation by an order dated 14.07.2015. By the untiring efforts of the dedicated mediators, the parties were able to enter into an agreement dated 14.03.2016. For better appreciation, the entire agreement is quoted herein below:

MEDIATION AGREEMENT Date: 14.03.2016 Mediation Case No : 931/2015 Case Details : CRL.OP.No.17162/2015 Referred by : The Hon'ble Mr.Justice R.Subbiah

Date of Order : 14.07.2015 Parties Name : M.T.Sivagnanam and 7 others - Petitioners -Vs- Inspector of Police, K-1, Sembium Police Station, Perambur, Chennai-11. -Respondent Ramalingam -Defacto Complainant Counsel Name : M/s.R.Rajasekaran for Petitioner Mr.M.Mohamed Riyaz, Govt.Advocate (Crl.Side) For Respondent Mr.Thiruvenkadam for Defacto Complainant Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: 1.

The 1st petitioner by name, Sivagnanam is the power agent of all the remaining 7 petitioners and the defacto complainant by name Ramalingam has entered agreement on 04.03.2016 regarding Rectification Deed at Perambur Sub-Registrar Office, Sembium 808/2016 on 04.03.2016.

2.

The 1st petitioner also paid a sum of Rs.26,00,000/- (Rupees Twenty Six Lakhs only) towards short fall area and the same received by the defacto complainant towards full and final settlement today on 14.03.2016.

3. Both the parties agree that Mr.Ramalingam, the defacto complainant shall withdraw the complaint lodged before K-1, Sembium Police Station and in view of endorsement, Mr.M.T.Sivagnanam and 7 others shall withdraw the Anticipatory Bail petition in CRL.OP.No.17162/2015.

SD/ SD/ M.T.Sivagnanam M/s.K.Rajasekar (1st petitioner) (Counsel for petitioner) SD/ Ramalingam Mr.Thiruvenkadam (Defacto Complainant) (Counsel for Defacto Complainant)

3. Thus, the mediation agreement entered into between the parties dated 14.03.2016, is placed on record and the Criminal Original Petition is disposed of in terms of Mediation Agreement dated 14.03.2016 and the Mediation Agreement dated 14.03.2016, shall form part of the judgment.

4.On the suggestion made by this Court to the learned counsel for the parties for making voluntary contribution to the Mediation and Conciliation Centre, the defacto complainant has voluntarily come forward to pay a sum of Rs.10,000/- to the Mediation and Conciliation Centre, attached to this Court. The aforesaid payments shall be made to the Mediation and Conciliation Centre, within a period of four weeks from the date of receipt of a copy of this order.

29.04.2016 rpa

T.S. SIVAGNANAM, J.

rpa Crl.O.P.No.17162 of 2015 29.04.2016