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2013 DIGILAW 4235 (MAD)

G. Lakshmanan v. P. Sumathi

2013-12-19

M.JAICHANDREN

body2013
Judgment 1. This original petition has been filed seeking to quash the complaint in STC No.648 of 2012, pending on the file of the Judicial Magistrate, Ariyalur, against the petitioner. 2. This criminal original petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 12.4.2013. 3. A communication, dated 3.10.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 6.9.2013, has been received, and in the said Mediation Report, it is stated as follows:- "Both the parties appeared before the Centre alone with their Counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence the matter is sent back to the Hon'ble Court." 4. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 6.9.2013, this petition is listed for passing orders in terms of the said Mediation Agreement. 5. The Mediation Agreement, dated 6.9.2013, signed by the parties and the counsel appearing for the petitioner and the learned counsel for the defacto complainant, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: 1. Both Parties have arrived at an amicable settlement. 2. The Petitioner agreed to pay a sum of Rs.6,70,000/- (Rupees six lakhs and seventy thousand) as full and final settlement to the Defacto Complainant/ Respondent and the Defacto Complainant/ Respondent agrees for the same. 3. Today, the Petitioner paid a sum of Rs.6,70,000/- (Rupees six lakhs and seventy thousand) in cash and the Defacto Complainant acknowledges the receipt of the same. 4. The Defacto Complainant/ Respondent agreed to withdraw the private complaint in S.T.C.No.648/2012 on the file of the Judicial Magistrate, Ariyalur, and further agrees to give his consent in Crl.OP.No.10159/2013 to quash the proceedings in Cr.No.23/2011 on the file of the inspector of Police, District Crime Branch, Perambalur, against this petitioner alone in view of the agreement. 5. Petitioner and Defacto Complainant/ Respondent declare that there is no further claim or counter claim against each other from the date of this mutual agreement signed at the Mediation Centre. 6. 5. Petitioner and Defacto Complainant/ Respondent declare that there is no further claim or counter claim against each other from the date of this mutual agreement signed at the Mediation Centre. 6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 6.9.2013, and in terms of the Mediation Report, dated 6.9.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, this petition is disposed of, recording the terms of the Mediation Agreement, dated 6.9.2013. The terms of the Mediation Agreement, dated 6.9.2013 and the Mediation Report, dated 6.9.2013, of the Mediation Centre, shall form part of the order. Connected M.P.No.1 of 2013 is closed.