Madras High CourtCRL OP(MD)/16793/2019allowed

M/S. Diamond Shipping Agencies Private Limited v. M/S. Krishya Logistics Llp

2020-12-10Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.16793 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.16793 of 2019 and Crl.M.P.(MD)No.9980 of 2019 1.M/s.Diamond Shipping Agencies Private Limited, "Diamond House", Rep. by its Managing Director, Mrs.K.Sarulochana, W/o.Late.A.Kripanidhi A-4, "Word Trade Avenue"

Harbor Estate, Tuticorin - 628 004.

2.P.Sivakumar, Executive Director, M/s.Diamond Shipping Agencies Private Limited, "Diamond House", A-4, "Word Trade Avenue"

Harbor Estate, Tuticorin - 628 004.

... Petitioners Vs.

M/s.Krishya Logistics LLP, Rep. by its Designated Partner, C.Karthikeyha Prabhu VVD Mahal, III Floor, 181-C, Palayamkottai Road, Thoothukudi - 3.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to call for records in C.C.No.118 of 2019, on the file of the Fast Track Court, (Judicial Magistrate), Thoothukudi and to quash the same.

For Petitioners : Mr.A.R.Kannappan For Respondent : Mr.S.Joel

O R D E R

This Criminal Original Petition has been filed praying to call for the records in C.C.No.118 of 2019, on the file of the Fast Track Court, (Judicial Magistrate), Thoothukudi and to quash the same.

2.By consent of both the parties, the matter has been referred to Mediation and Conciliation Centre attached to this Bench on 13.01.2020. Now the matter has been amicably settled between the parties. The Mediation Report along with the Settlement Agreement, https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.16793 of 2019 dated 09.10.2020 is filed before this Court. The learned Counsel appearing on either side would submit that so far seven instalments have been paid and the remaining five instalments has to be paid. 3.Both the parties have filed a Settlement Agreement, signed before the Mediation and Conciliation Centre and would pray for quashing the C.C.No.118 of 2019, on the file of the Fast Track Court, (Judicial Magistrate), Thoothukudi.

4.The learned Counsel for the petitioners as well as the respondent are present before this Court.

5. In the result, by recording the report of the Mediation and Conciliation Centre along with the Settlement Agreement, dated 09.10.2020, this Criminal Original Petition is allowed and the proceedings in C.C.No.118 of 2019, on the file of the Fast Track Court, (Judicial Magistrate), Thoothukudi, are quashed. The Settlement Agreement, dated 09.10.2020, shall form part and parcel of this order. The parties are directed to abide by the terms of settlement and if there is any deviation, the parties are at liberty to pursue the present Criminal Original Petition. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

Encl: Photocopy of the Settlement Agreement.

To The Judge,Fast Track Court(Judicial Magistrate),Thoothukudi. +1 CC to M/s.A.R.KANNAPPAN, Advocate( SR-25365[F] dated 14/12/2020) Crl.O.P.[MD]No.16793 of 2019 10.12.2020 KUN(CO) AP(22/12/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2