C.Balaji v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM:

THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM Crl.O.P.No.17280 of 2015 C.Balaji [ PETITIONER ] Vs State rep. by The Inspector of Police (Law & Order) M-3, Puzhal Police Station Puzhal, Chennai.

[ RESPONDENT ] Prayer : Petition filed under section 438 of Cr. P.C., to enlarge the petitioner an anticipatory bail in the event of his arrest pending investigation in Crime No. Not known of 2015 on the file of the respondent.

For Petitioner : Mr.C.V.Kumar For Respondent : Mr.C.Ayyapparaj, Govt.Advocate (crl.side) For Intervenor : Mr.R.C.Paul Kanagaraj ***********

O R D ER Heard Mr.C.V.Kumar, learned counsel appearing for petitioner, Mr.C.Ayyapparaj, learned Government Advocate (crl.side) and Mr.R.C.Paul Kanagaraj, learned counsel appearing for intervenor.

2. The Criminal Original Petition was referred for mediation by an order dated 04.09.2015. By the untiring efforts of the dedicated mediators, the parties were able to enter into an agreement dated 07.03.2016. For better appreciation, the entire agreement is quoted herein below:

MEDIATION AGREEMENT Date: 07.03.2016 Mediation Case No : 1092/2015 Case Details : CRL.OP.No.17280/2015 Referred by : The Hon'ble Mr.Justice S.Vaidyanathan Date of Order : 04.09.2015 Parties Name : C.Balaji - Petitioner -Vs- Inspector of Police (Law & Order) M-3, Puzhal Police Station, Puzhal, Chennai -Respondent Counsel Name : M/s.C.V.Kumar for Petitioner

Mr.C.Ayyapparaj, Govt. Advocate (Crl.Side) for respondent M/s.R.C.Paul Kanagaraj, Soundar Vijay Arulram & J.Jaihar David for Intervener Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: 1.

The defacto complainant has agreed to pay Rs.6,25,000/- (Rupees Six Lakhs Twenty Five Thousand only) to the petitioner/builder vide DD.No.746313 dated 22.02.2016 for Rs.4,00,000/-(Four Lakhs only), Corporation Bank Branch, G.T. Chennai 2.

The petitioner has completed the balance work according to the satisfaction of the defacto complainant.

3.

The suit pending before the Munsif Court, Tiruvottiyur in O.S.No.170/2015 will be withdrawn by the petitioner, since, the suit is for bare injunction not to disturb the peaceful possession of the petitioner. 4.

The matter is settled between the parties, since the possession is handed over to the defacto complainant (D.D.No.746495 dated 01.03.2016, Corporation Bank, Chennai for Rs.2,25,000/-(Two Lakhs Twenty Five Thousand only).

5.

Electricity Bill Card, Keys belongs to the Ground Floor, Property Tax Card have been handed over to the defacto Complainant. 6.

Both the parties agreed that there is no further claims against each other.

SD/ SD/ C.Balaji M/s.C.V.Kumar (Petitioner) (Counsel for petitioner) SD/ SD/ D.Shakunthala Sethiya M/s.J.Jaihar David (Defacto Complainant) (counsel for Defacto Complainant)

3. Thus, the mediation agreement entered into between the parties dated 07.03.2016, is placed on record and the Criminal Original Petition is disposed of in terms of Mediation Agreement dated 07.03.2016 and the Mediation Agreement dated 07.03.2016, shall form part of the judgment.

29.04.2016 rpa

T.S. SIVAGNANAM, J.

rpa Crl.O.P.No.17280 of 2015 29.04.2016