Madras High CourtCRL OP(MD)/286/2016partly allowed

Vincent v. R.K. Antony

2020-02-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.286 of 2016 1 VINCENT 2 THANGALEELA 3 KANAGARAJ 4 JOSEPHIN STELLA 5 LOUIS THOMAS 6 ALBI @ ALBIN 7 BABU 8 LALITHA 9 GENI 10 JENIS 11 SUKUMARAN ... PETITIONERS / ACCUSED No. 1 to 10 & 11 Vs R.K. ANTONY ... RESPONDENT / RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to call for the records in C.C.No. 250 of 2008 on the file of the Learned Judicial Magistrate No.

I, Kuzhithurai, Kanyakumari District and QUASH THE PROCEEDINGS as against the Petitioners and pass such further or other orders as this Honourable Court ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR A.THIRUVADI KUMAR Advocate for the petitioner and of MR.C.KISHORE, Advocate for respondent, the court made the following order:- This Criminal Original Petition is filed to quash the proceedings pending as against the petitioners, in C.C.No.250 of 2008 on the file of the learned Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District.

2. It appears that the dispute is between landlord and tenant. On the complaint lodged by the tenant, the present case came to be registered. It also appears that the defacto complainant / tenant has also vacated the premises in the year 2010 itself. Considering the nature of offence and the relationship between the parties, this Court is inclined to refer the matter to the Mediation and https://hcservices.ecourts.gov.in/hcservices/

Conciliation Centre, attached to this Bench, to work out the possibility for an amicable settlement among the parties.

3. Registry is directed to post the criminal original petition before the Mediation and Conciliation Centre, attached to this Bench on 01.04.2019. Both the parties shall appear before the Centre, on the said date, without fail.

4. Post the Criminal Original Petition before this Court on 15.04.2019, along with Mediation report.

sd/- 15/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I KUZHITHURAI, KANIYAKUMARI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANIYAKUMARI DISTRICT AT NAGERCOIL COPY TO:- THE CHIEF CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

ORDER

IN CRL OP(MD) No.286 of 2016 Date :15/03/2019 MSI/JC/SAR 3/25.03.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/