Madras High CourtCRL OP(MD)/6996/2016allowed

P.Santhanam v. Shanthi

2017-09-07Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.6996 of 2016 and Crl.M.P(MD).No.3516 of 2016 1.P.Santhanam 2.S.Lakshmi 3.S.Ravichandran 4.R.Shanthi 5.S.Jeyakumar 6.Prabhavathy ... Petitioners -VsShanthi ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the impugned proceedings in M.C.No.100 of 2015 on the file of the Additional Mahila Court, Madurai.

For Petitioner :

Ms.M.Benazir Begum For Respondent :

Mr.R. Narayanan ***

O R D E R

This Criminal Original petition is filed to call for the records relating to the impugned proceedings in M.C.No.100 of 2015 on the file of the Additional Mahila Court, Madurai and to pass appropriate orders.

2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent.

3. The petitioners are respondents in M.C.No.100 of 2015 pending on the file of the Additional Mahila Court, Madurai. The petition before the said Court is for certain reliefs under the Domestic Violence Act.

4. It appears that the petitioners and the respondent have settled their dispute amicably outside Court. They have also entered into a compromise agreeing for mutual terms for a peaceful living. The joint compromise memo dated 20.04.2017, signed by the petitioners and the respondent, in the presence of their respective counsels is produced before this Court. As per the joint Compromise memo, the respondent has agreed to receive a sum of Rs.3,75,000/- in full satisfaction of his claim and benefits in pending proceedings. https://hcservices.ecourts.gov.in/hcservices/

The agreement between the petitioners and the respondent clearly disclose that the parties agreed to quash the proceedings in M.C.No. 100 of 2015 pending on the file of the Additional Mahila Court, Madurai.

5. The parties appeared before this Court and expressed in unequivocal terms that they have signed in the Joint Compromise Memo on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Government Advocate(Criminal side) through the first respondent police. It appears that the first petitioner died during the pendency of the proceedings before this Court and the same is recorded.

6. Having regard to the terms of the joint memo of compromise, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence the impugned proceedings pending in M.C.No.100 of 2015 on the file of the Additional Mahila Court, Madurai, is quashed in toto and the Joint Compromise Memo signed by the parties shall form part of the order.

7. Accordingly, the Criminal Original petition is allowed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To The Additional Mahila Court, Madurai.

+1cc to M/S.M.BENAZIR BEGUM,Advocate,SR. 77795 +1cc to M/S.R.NARAYANAN,Advocate,SR. 77253 Crl.O.P.(MD) No.6996 of 2016 and Crl.M.P(MD).No.3516 of 2016 07.09.2017 TRP KK/GT/SAR 3/25.09.2017/ 2P- 4C/ https://hcservices.ecourts.gov.in/hcservices/