J.Dhamodharan, M/45 v. G.Viswanathan, M/41

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.Nos.248 to 252, 1778 and 1779 of 2017 and 7437 and 4024 of 2016 and Crl.M.P.Nos.167 to 176, 1270, 1271, 1272, 1273 of 2017, 3911 and 2073 of 2016 Crl.O.P.No.248 of 2017:

J.Dhamodharan [ Petitioner ] Crl.OP.No.249/2017, Crl.OP.7437/17:

A.Ganesan

...Petitioner/Accused

Crl.OP.No.250/17:

A.Jayaraman in Crl.OP.250&252/17, 4024/16 Crl.OP.251/17:

J.Kesavan in Crl.OP.251/17 R.Alagirisamy in Crl.OP.No.17778/17 G.Balaji in Crl.OP.1779/17 Vs G.Viswanathan [Respondent in all Crl.OP's] Crl.O.P.No.248 of 2017 to 252/17: filed under Section 407 of the Criminal Procedure Code, to withdraw the complaint filed by the respondent in STC No.893 of 2016, 240/16, 498/16, 894/16, 640/16 respectively on the file of the Judicial Magistrate No.1, Salem, and transfer the same to the Judicial Magistrate (Fast Track Court), Tuticorin and try along with C.C.No.93 of 2016, C.C.No.123 of 2016 and C.C.No.238 of 2016.

Crl.OP.No.1778/17, 1779/17, 7437 & 4021/16:

Filed u/s.407 of the Crl.P.C to withdraw the complaint filed by the respondent in STC.No.29 of 2016, 28/16,240/16 40/16 respectively on the file of Judicial Magistrate No.I Salem and transfer the same to Judicial Magistrate Fast Track Court Tuticorin.

For Petitioner in all the : Mr.R.Nalliyappan Crl.OPs.

For Respondent in all : Mr.N.Damodaran the Crl.OPs.

COMMON ORDER When these Criminal Original Petitions were taken up, the learned counsel for the petitioners as well as the learned counsel for the respondent, have submitted before this Court that the matter has been compromised between the parties before the Tamil Nadu Mediation and Conciliation Centre. They have also produced the Mediation Report of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing Memorandum of Compromise dated 10.04.2017 entered into between the parties, in which all the parties and their respective counsel have signed. The mediator has stated in her report that the matter has been settled between them as per the terms cited in the Memorandum of Compromise.

Referring to the Memorandum of Compromise, the learned counsel on either side have submitted that the respondent has no objection to quash the impugned proceedings against the petitioners, in view of the compromise arrived at between the parties. The learned counsel on either side have also stated that they are inclined to withdraw some other cases pending before this Court which are connected to the issue involved in the present Criminal Original Petitions, under Section 257 of Cr.PC.

2.The parties are present. Their identities have been verified and they accepted the contents in the Memorandum of Compromise as true and genuine.

3.The Memorandum of Compromise is recorded and the same shall form part of this order. In view of the Memorandum of Compromise, the proceedings in S.T.C.Nos.893, 240, 498, 894 and 40 of 2016, 29 and 28 of 2017 pending on the file of the learned Judicial Magistrate No.1, Salem, against the petitioners, are quashed, and the Criminal Original Petitions are disposed of in terms of the Memorandum of Compromise. Consequently, the connected miscellaneous petitions are closed. ANNEXED WITH MEMO OF COMPROMISE Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

To 1.The Judicial Magistrate No.1, Salem.

2.The Judicial Magistrate, (Fast Track Court) Tuticorin.

+2 cc's to Mr.R.Nalliuyappan,advocate,sr25353 +1 cc to Mr.N.Damodaran, Advocate,sr.25247 Crl.O.P.Nos.248 to 252, 1778 and 1779 of 2017 and 7437 and 4024 of 2016 and Crl.M.P.Nos.167 to 176, 1270, 1271, 1272, 1273 of 2017, 3911 and 2073 of 2016 nm+vgii(co) rmp(02/05/17)