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Madras High CourtCRL OP/13897/2017settled before the lokadalats

R.Hemraj Joshi, v. A.Suraiya Devi Joshi,

2018-10-29Honourable Mr.Justice S.Marimuthu (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Wednesday, the 31st day of October 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.MARIMUTHU (Retd.) and Members Ms.F.Rita Mr.P.Subburaj CRL.OP.Nos.13897 of 2017 and CRL.M.P.No.14735 of 2017 and CRL.M.P.No.8917 of 2017 This Criminal Original Petition has been filed under Section 482 of Cr.P.C to call for records in DVC.No.138 of 2016 on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai and quash the same.

1. R.Hemraj Joshi

2. R.Rathanmala Joshi .. Petitioners Vs.

A.Suraiya Devi Joshi .. Respondent This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.R.Ramakrishan, the learned counsel for the petitioners and Mr.S.Prem Raj Kumar, learned counsel for the respondent are present.

TERMS OF SETTLEMENT The second petitioner / Rathanmala Joshi, is the mother of the first petitioner and her son deceased Ashok Kumar Joshi. The respondent is the wife the said Ashok Kumar Joshi. The respondent filed a complaint as against the petitioners under the Domestic Violence Act before the XVII Metropolitan Magistrate, Saidapet, Chennai as D.V.C No.138 of 2016 to quash the complaint, the present Criminal Original Petition in Crl.O.P.No.13897 of 2017 has been filed by the petitioners.

2. Pending the present Original Petition, the parties have entered into an amicable settlement as they are close relatives. The petitioners, respondent and the respondent's two daughters and her minor son are present and their respective counsels are also present. A Joint Memo of Compromise has filed before this Forum and signed by all the parties and respective counsels. As per the compromise, the first petitioner has to pay a sum of Rs.1,12,00,000/-. The respondent and her three children each are entitled to a sum of Rs.28,00,000/- The payment of entire amount has been covered by the Demand Draft specifically entered into Compromise Memo. The share of the minor son of the respondent, viz., Mr.A.Vinay, Rs.28,00,000/- shall be deposited in State Bank of India, Kodambakkam Branch.

Till the minor attains majority, the interest accrued thereon, in the share of the minor son shall be periodically withdrawn by his natural guardian the respondent for his education, maintenance, medical expenses etc., The Joint Memo of Compromise filed herein as stated supra shall form part of the award. Award is passed accordingly.

3. In view of the compromise entered into between the parties, the present quash petition in Crl.O.P.No.13897 of 2017 is allowed and consequently, the complaint in D.V.C.No.138 of 2016 pending before the XVII Metropolitan Magistrate, Saidapet, Chennai stands dismissed. Consequently connected miscellaneous petitions are closed.

Sd/-

1. R.Hemraj Joshi Sd/-

2. R.Rathanmala Joshi Counsel for the Petitioners Sd/- A.Suraiya Devi Joshi Counsel for the Respondent Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(L.A.) //True copy// Sub Assistant Registrar

Xerox Copy of the Joint Memo of Compromise enclosed To:The parties/Advocate concerned Copy to:

1. The XVII Metropolitan Magistrate, Saidapet, Chennai. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, Crl.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies CRL.OP.Nos.13897 of 2017 and CRL.M.P.No.14735 of 2017 and CRL.M.P.No.8917 of 2017 RK(CO) GMY(06/12/2018)