Govindaraji v. Superintendent of Police, Vellore Dist.
2014-01-10
M.JAICHANDREN
body2014
DigiLaw.ai
JUDGMENT 1. This criminal original petition has been filed seeking to direct the 2nd respondent to register a case on the complaint given by the petitioner, on 20.8.2013, to the 1st respondent herein. 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 1.10.2013. 3. A communication, dated 19.12.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, has been received enclosing a copy of the Mediation Report, dated 6.12.2013. In the said report, it is stated as follows:- "Both parties appeared before the Centre along with their Counsel. Parties arrived at an amicable settlement as per the terms 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 6.12.2013, this Petition is listed for passing orders, in terms of the said Mediation Agreement. 5. The Mediation Agreement, dated 6.12.2013, 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. All the parties agree that whatever the properties belong to them, now standing in the name of Panchacharam, Govindaraj and in the name of all - Panchacharam, Govindaraj and Andiappan vide documents executed on 10.05.1991, 12.03.1993 and 31.03.1994 will be taken into the consideration as a common family properties for the purpose of arriving at a mutual beneficial partition between them. 2. All the properties totally comes to an extent of 7acres and 47 Cents rounded off to 7.5 acres situated at Kalarur, Walajah Taluk. Each party viz., Panchacharam, Govindaraj, Andiappan agree and shall entitled to have each 2.5 acres of land and all of them agree to abide by this shares. 3. All the brothers above named agree to mutually assist each other in dividing these properties and necessary adjust or accommodate to reach out the settlement. 4. All the brothers agree that the Patta Lands standing in name of Andiappan and Panchacharam will remain as it is and these Patta holders shall continue to enjoy the properties as it is. 5.
All the brothers above named agree to mutually assist each other in dividing these properties and necessary adjust or accommodate to reach out the settlement. 4. All the brothers agree that the Patta Lands standing in name of Andiappan and Panchacharam will remain as it is and these Patta holders shall continue to enjoy the properties as it is. 5. All family members and brothers agree that apart from the ancestral properties whatever the properties purchased by them in their individual capacities will remain accordingly and will not be opened for any further litigation. 6. All parties hereby agree that any mutation of revenue records if necessary they will assist each other. 7. All parties herein agree not to initiate or continue any legal proceedings either before Court or any other Authorities and will not continue further. 8. The Criminal complaint filed against the respondents need not be pursued further by the Petitioner/Defacto Complainant." 6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 6.12.2013, and in terms of the Mediation Report, dated 6.12.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this petition is disposed of. The terms of the Mediation Agreement, dated 6.12.2013, and the report, dated 6.12.2013, of the Tamil Nadu Mediation and Conciliation Centre, shall form part of this order.