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2014 DIGILAW 108 (MAD)

Subbas Chandra Bose v. R. Narendran

2014-01-10

M.JAICHANDREN

body2014
JUDGMENT 1. This criminal original petition has been filed seeking to quash the complaint, in C.C.No.11954 of 2006, on the file of the III Metropolitan Magistrate, George Town, Chennai. 2. The matter was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 30.8.2013. 3. A communication, dated 17.12.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, has been received enclosing a copy of the Mediation Report, dated 28.11.2013. In the said report, it is stated as follows:- "Both the parties appeared before the Centre along 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 28.11.2013, this Petition is listed for passing orders, in terms of the said Mediation Agreement. 5. The Mediation Agreement, dated 28.11.2013, signed by the parties, as well as their respective counsels, 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 Petitioners agreed to pay a sum of Rs.1,00,000/- (Rupees one lakh only) as full and final settlement to the Defacto Complainant with respect of Crl.OP.No.28452/2008. 3. The Petitioners made a payment by means of Demand Draft of Rs.1,00,000/- drawn as Kotak Mahindra Bank, dated 28.11.2013. The Defacto Complainant acknowledges the receipt of the above payment. 4. The Defacto Complainant agreed to withdraw the complaint and other Criminal case pending before the III Metropolitan Magistrate George Town, Chennai in C.C. No. 11954/2006. 5. Petitioners and Defacto Complainant 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 28.11.2013, and in terms of the Mediation Report, dated 28.11.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this petition is disposed of. The terms of the Mediation Agreement, dated 28.11.2013, and the report, dated 28.11.2013, of the Tamil Nadu Mediation and Conciliation Centre, shall form part of this order. M.P.No.1 of 2008 is closed.