Dismissed

Chandrasekar v. Uma Sankari

Madras HC18 Apr 2022CRL OP/9977/2016

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a Criminal Original Petition filed under CrPC Section 407 for withdrawal and transfer of a case. Citing a mediation agreement reached on 29.08.2016, the court held that no disputes survived the settlement and the petition lacked substance.

What did the court decide?

Criminal Original Petition No.9977 of 2016 dismissed as settled; mediation agreement forms part of the order.

Chandrasekar Vs Uma Sankari — Constitutional and Fundamental Rights | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.04.2022

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CORAM

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THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

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CRL.O.P.No.9977 of 2016

Chandrasekar

...Petitioner

Vs.

Uma sankari ...Respondent

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Prayer :- Criminal Original Petition is filed under Section 407 of Code of Criminal Procedure, to withdraw D.V.No.26 of 2015 on the file of the learned XV Metropolitan Magistrate at George Town at Chennai and transfer the same to be tried together with H.M.O.P.No.554 of 2013 to the file of the same learned Subordinate Judge at Tambaram or any other Court at Tambaram.

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For Petitioner : Ms.R.Buvaneshwari for Mr.M.Rajasekhar

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For Respondent : No Appearance

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ORDER

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This petition is filed to withdraw D.V.No.26 of 2015 on the file of the learned XV Metropolitan Magistrate at George Town at Chennai and transfer the same to be tried together with H.M.O.P.No.554 of 2013 to the file of the same learned Subordinate Judge at Tambaram or any other Court at Tambaram.

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2.When this matter is taken up, learned counsel Ms.R.Bhuvaneshwari appearing for learned counsel Mr.M.Raja Sekar, submitted that the dispute between the petitioner and respondent had been settled in mediation. Therefore, learned counsel for petitioner prays for dismissal of this petition as settled. No representation for respondent. Mediation agreement dated 29.08.2016 is received. It is seen from the mediation agreement, parties have entered into compromise and settled the pending disputes between them. It is mentioned in paragraph No.3 of the mediation agreement that, "Further we state that we have no claim against each other as we settled the matter amicably between us and filed the mutual consent divorce petition. Hence, we state that we won't claim anything against each other in future."

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https://hcservices.ecourts.gov.in/hcservices/

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3.In view of the settlement of disputes between the parties in mediation, nothing survives in this petition and therefore, Criminal Original Petition in Crl.O.P.No.9977 of 2016 is dismissed. The mediation agreement shall form part of this order.

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*Xerox Copy of Mediation Agreement dated 29.08.2016 enclosed

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Sd/-

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Assistant Registrar(CS-V)

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//True copy//

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Sub Assistant Registrar

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1.The XV Metropolitan Magistrate George Town, Chennai.

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2.The Subordinate Judge, Tambaram.

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CRL.O.P.No.9977 of 2016

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SPD(CO)

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GMY(29/04/2022)

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https://hcservices.ecourts.gov.in/hcservices/

Chandrasekar v. Uma Sankari

Case brief

What is this about?

What did the court decide?

Chandrasekar v. Uma Sankari

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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