M. Albert v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2019

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and Crl.M.P(MD)No.1842 of 2016 1.M.Albert 2.M.Mariageorge @ George 3.G.Boniface ... Petitioners/Accused 1 to 3 Vs.

1.State represented by The Deputy Superintendent of Police, District Crime Branch, [Crime No.64 of 2010] Kanyakumari District.

: 1st Respondent/Complainant 2.T.J.Pusbhadas : 2nd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of the Criminal Procedure Code to call for the records pertaining to C.C.No.187 of 2011 in Crime No.64 of 2010 pending before the Judicial Magistrate Court, Eranial, Kanyakumari District and quash the same insofar as the petitioners are concerned.

For Petitioners : Mr.K.K.Samy For Respondents : Mr.S.Chandrasekar, Additional Public Prosecutor, for R1 : Mr.P.Manikandan for R2

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.187 of 2011 in Crime No.64 of 2010, on the file of the Judicial Magistrate, Eranial, Kanyakumari District, insofar as the petitioners are concerned.

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2.At the request of the learned Counsel on either side, this Court by order dated 05.04.2019 referred this matter to the Mediation and Conciliation Centre, attached to this Bench. 3.Today when the matter has been taken up, the learned Counsel on either side submitted that both the parties appeared before the Mediation and Conciliation Centre and arrived at an amicable settlement.

4. A perusal of the Mediation Report 05.07.2019 would disclose that the parities have settled their disputes on the following terms:

" ... ... ...

6.The following settlement has been arrived at between the parties herein:

i) The petitioners herein are ready to render their unconditional apology to the de facto complainant and in response, the de facto complainant is also ready to accept the apology rendered by the petitioners.

ii) In response to that all the three petitioners who are physically present before mediation today rendered their unconditional apology to the de facto complainant, who is also present today, accepted the apology of the petitioners and settle the matter amicably among themselves.

iii) As per the request to the de facto complainant, the 1st petitioner will try his best efforts to settle the domestic violence crisis pending for adjudication between his daughter and his son-in-law before the appropriate forum.

iv) The petitioners and de facto complainant have settled their issue amicably based on the above said terms. 7.By signing this agreement all the parties hereto state that they have no further claims or demands against each other with respect to Crl.OP(MD)No.3650 of 2016 and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of conciliation and mediation."

5.Based on the above settlement agreement arrived at, the petitioners and the de facto complainant, settled their issues amicably. They have also expressed that there are no further claims or demands against each other with regard to Crl.O.P(MD)No.3650 of 2016. It is also submitted that in the light of the settlement agreement dated 05.07.2019, no further adjudication is required in this matter.

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6.Recording the submission made by the learned Counsel on either side and also recording the mediation report and the settlement agreement dated 05.07.2019, this Criminal Original Petition is closed, as no further orders are required to be passed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) dsk To The Deputy Superintendent of Police, District Crime Branch, Kanyakumari District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.K. SAMY, Advocate SR-83369.

26.08.2019 CS(24.10.2019) 3P 4C 3/3