Madras High CourtCRL RC/1244/2019settled in mediation

Kingsly v. K.Ragupathy

2023-11-02Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023

CORAM:

The Honourable MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Kingsly ... Petitioner/Appellant/Accused -VsK.Ragupathy

...Respondent/Respondent/

Complainant Prayer:- Criminal Revision Case filed under Section 397 read with 401 of Cr.P.C, to call for the records in Criminal Appeal No.72 of 2019 dated 17.09.2019 by the learned XV-th Additional Sessions Judge, Chennai, by modifying the order passed in C.C.No.2482 of 2016 dated 29.01.2019 by the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, at Allikulam, Chennai, and acquit the Revision Petitioner. For Petitioner : Mr.K.Gandhi Kumar For Respondent : Mr.A.Vivek

O R D E R

This Criminal Revision Case is filed to call for the records in Criminal Appeal No.72 of 2019 dated 17.09.2019 by the learned XV-th Additional Sessions Judge, Chennai, by modifying the order passed by the 1/4

learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, at Allikulam, Chennai, in C.C.No.2482 of 2016 dated 29.01.2019 and to acquit the Revision Petitioner.

2. Learned Counsel for the Revision Petitioner submits that as per the settlement arrived between the parties before the Mediation and Conciliation Centre attached to the High Court, Madras, already Rs.11,50,000/- was deposited before the Trial Court; Rs.1,00,000/- was handed over to the Respondent on 30.08.2023 and Rs.4,50,000/- was handed over to the Respondent on 09.10.2023. Subsequently, Rs.6,00,000/- was handed over to the Respondent on 25.10.2023.

3. Learned Counsel for the Respondent also concedes the payment by the Revision Petitioner in the light of the settlement arrived between the Revision Petitioner and the Respondent.

4. The learned Counsel for the Respondent seeks to withdraw the amount from the Court concerned. The learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, at Allikulam, Chennai, is directed to 2/4

permit the Complainant to withdraw the amount already in Court deposit in C.C.No.2482 of 2016.

5. The sentence of imprisonment ordered by the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, at Allikulam, Chennai, in C.C.No.2482 of 2016 dated 29.01.2019 is set aside in terms of the compromise.

6. Accordingly, the Criminal Revision Case is closed as settled in Mediation.

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SATHI KUMAR SUKUMARA KURUP, J., cda To 1.The XV-th Additional Sessions Judge, Chennai, 2.The Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai, 3.The Section Officer, VR Records, High Court, Chennai.

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