Allowed

Chandralekha v. Ponnammal

Madras HC20 Nov 2024CRL RC/382/2022

Case brief

AI extract

What is this about?

In a criminal revision petition regarding succession benefits, the High Court of Madras disposed of the matter upon the parties executing a settlement agreement. The Court directed that the petition be withdrawn and all parties remain bound by the mediated terms.

What did the court decide?

The Criminal Revision Petition was disposed of; the petition was withdrawn pending before the Court; parties are bound to comply with the Settlement Agreement.

Chandralekha Vs Ponnammal — Succession and Inheritance | Madras HC (2024)

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Crl.RC.382/2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE SHAMIM AHMED

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Crl.RC.No.382 of 2022

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Chandralekha

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... Petitioner /vs/

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Ponnammal

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Logasundari

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Deenadayalan

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The Inspector of Police, W-29, All Women Police Station, Avadi, Chennai ... Respondents

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Prayer : Criminal Revision Petition filed under section 397 and 401 of Cr.P.C. to set aside the order in Crl.M.P.No.187 of 2022 on the file of the Judicial Magistrate No.I, Poonamallee, dated 03.03.2022 by allowing this Criminal Revision Petition.

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For Petitioner ... MrAshwin Karthikeyan

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for M/s.L.C.M.Lazarous Mahendran

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For Respondents .... Mr.R.Ganesh Kumar – R1 to R3

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Mr.A.Gopinath, Govt.Advocate (crl.side) - R4

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Crl.RC.382/2022

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ORDER

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Heard Mr. Ashwin Karthikeyan, learned counsel holding brief of Mr.L.C.M.Lazarous Mahendran appearing for the Revision Petitioner, Mr.R.Ganesh Kumar, learned counsel appearing for the respondents 1 to 3 and Mr.A.Gopinath, learned Govt. Advocate (crl.side) appearing for the 4^th respondent.

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The learned counsel for the Revision Petitioner submitted that the

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matter has been settled between the parties outside the court before the Mediation and Conciliation Centre of this Court.

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The matter was referred to the Tamil Nadu Mediation and Conciliation Centre attached to Madras High Court by order of this Court dated 25.09.2023 and the same was received by the Mediation Centre on 27.09.2023. The parties appeared before the Mediation and Conciliation Centre, High Court, Madras and thereafter a Settlement Agreement entered between the parties on 22.12.2023 and the terms of the Settlement Agreement dated 12.12.2023 is extracted hereunder:

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Crl.RC.382/2022

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SETTLEMENT AGREEMENT

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This SETTLEMENT AGREEMENT entered into on

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Chennai on 22^nd day of December 2023

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BETWEEN

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i. Mrs. CHANDRALEKHA, W/o.Late G.Umapathy, aged about 30 years, No.12, Kasthuri Apartments, 2^nd Floor, 7^th Main Road, Dandeswaran, Velachery, Chennai 600 042.

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ii. Minor.LOSHINI, D/o.Late G.Umapathy, aged about 4 years represented by her mother and natural Guardian Mrs.CHANDRALEKHA, W/o. Late G.Umapathy, No.12, Kasthuri Apartments, 2^nd Floor, 7^th Main Road, Dandeswaran, Velachery, Chennai 600 042, hereinafter referred to as the PARTIES OF THE FIRST PART.

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AND

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Mrs. PONNAMMAL, W/o. Late M.Gajendran, aged about

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62 years is residing at Door No.113, 8^th Street, Thirumalaivasan

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Nagar, Thirumullaivoyal, Chennai 600 062, hereinafter referred to as the PARTY OF THE SECOND PART.

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WHEREAS:

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Crl.RC.382/2022

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1. Disputes and differences had arisen between the parties hereto and that led to the filing of the succession original petition in OP No.315 of 2022 by the PARTY OF THE FIRST PART for 2/3^rd share out of the death cum service benefits to be payable by M/s.Alcatel – Lucent India Limited, being the employer of the deceased Mr.Umapathy during the month of Mach 2022 before the Hon'ble High Court of Madras.

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2. The matter was referred to mediation/conciliation vide an order dated 28.06.2023 passed by the Hon'ble Court of Judicature at Madras. In the meantime the PARTY OF THE FIRST PART had also given a complaint to the police officials against the PARTY OF THE SECOND PART a nd her children, as the same was not proceeded, the PARTY OF THE FIRST

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PART had filed a petition under section 156(3) of Cr.P.C. as the same was dismissed she had preferred a Criminal Revision in Crl.RC.No.382 of 2022 before this Hon'ble Court. Since the issues involved are one and same, the said matter was also directed to be placed before the mediation Centre along with Succession OP.No.315 of 2022.

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Crl.RC.382/2022

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3. In the mediation session after few sessions of mediation,

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on the well advise of the mediators, the parties consented for amicably settling both the cases namely OP.No.315 of 2022 and Crl.RC.No.382 of 2022.

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The terms of the settlement are derived hereunder.

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TERMS OF SETTLEMENT:

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A. The parties are agreed to share the death and service benefits in the ratio of 2:1 (the PARTIES OF THE FIRST PART shall be entitled to 2/3^rd shares and the PARTY OF THE SECOND PART shall be entitled to 1/3^rd share in the amounts mentioned in Schedule of the petition, however since the PARTIES OF THE FIRST PART had received one item in the Schedule “A” namely Provident Fund amount of Rs.5,86,987/on 21.09.2020 from the employer of the deceased Mr.Umapathy namely M/s.Alcatel – Lucent India Limited. Therefore the same is excluded from the claim in the main OP and mutually agreed to be adjusted from other claims.

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The amounts are to be shared as hereunder:

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(2/3^rd share of the 1^st petitioner an 2^nd petitioner/Party of the

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Crl.RC.382/2022

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FIRST Part)

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*Name* *of the* *Debtor*	*Amount of debts,* *including interest, on* *date of application for* *Certificate*	*Description and Date of* *Instrument, if any by which* *the debt is secured*
M/s.Alc atel - Lucent India Limited	Full and Final Settleme nt (F&F)	Rs.78,383.54p
M/s.Alc atel - Luent India Limited	Gratuity	Rs.3,37,095.32p
M/s.Alc atel - Lucent India Limited	EDLI	Rs.4,00,666.66p
M/s.Alc atel - Lucent India Limited	Term Life Insuran ce	Rs.14,64,934.66p

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Total: Rs.22,81,080.22p

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(1/3^rd Share of the Respondent/Party of the SECOND Part)

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Crl.RC.382/2022

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*Nam* D	*e of the* *ebtor*	*Amount of debts, including* *interest, on date of* *application for Certificate*	*Description and Date* *of Instrument, if any* *by which the debt is* *secured*
M/s.Alc Lucent Limited	atel - India	Full and Final Settlement (F&F)	Rs.39, 191.77 p
M/s.Alca Luent Limited	tel - India	Gratuity	Rs1,68,547.66p
M/s.Alca Lucent Limited	tel - India	EDLI	Rs.2,00,333.34p
M/s.Alca Lucent Limited	tel - India	Term Life Insurance	Rs.7,32, 467.34p

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Total : Rs.11,40,540.11p

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B. The PARTY OF THE FIRST PARTIES have during the

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pendency of the OP Proceedings had taken all her household materials and Sridhana articles (including her jewels and valuables) on 23.07.2023 from the house of the PARTY OF THE SECOND PART , there is no materials of the PARTIES OF THE FIRST PART leftover with PARTY OF THE

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SECOND PART.

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C. The PARTY OF THE FIRST PART had issued NO

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Objection letter to the RTO Authorities to transfer the Fort Figo

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Crl.RC.382/2022

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vehicle (owned by PARTY OF THE SECOND PART ) bearing

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Regn.No. TN 13 K 2442 and the PARTY OF THE SECOND PART shall continue to hold custody of the same.

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D. The jewels namely Gold Chain weighing 3 sovereigns and 6 grams Bracelet offered to Mrs. Chandralekha by the PARTY OF THE SECOND PART family shall be retained by her and the use for the minor daughter LOSHINI.

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E. It is mutually agreed that the PARTY OF THE SECOND

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PART has received a sum of Rs.5,00,000/- from LIC of India Policy payable for the demise of her son Mr.Umapathy on 27.08.2020 and it's used for PARTY OF THE SECOND PART husband M.Gajendran's Medical treatment, the PARTIES OF

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THE FIRST PART agree that she will not have any claim from and out fo the said amount, as THE PARTIES OF THE FIRST PART had received the Provident Fund amount of Rs.5,86,987/from the employer of the deceased G.Umapathy.

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F. The deceased Mr.Umapathy had a savings account in

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HDFC Bank and at the time of his demise a sum of Rs.1,29,492/-

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was lying and the said amount was disbursed through cheque in

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Crl.RC.382/2022

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the name of the PARTY OF THE SECOND PART and on

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receipt of the same, the PARTY OF THE SECOND PART had issued a cheque vide No.352681 dated 10.11.2023 for a sum of Rs.64,746/- to the PARTY OF THE FIRST PART in the name of Mrs.Chandralekha and the same is also honoured and PARTY OF THE FIRST PART collected the Fixed Deposit Amount Rs.1,50,000 in HDFC on 11.02.2022.

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G. It is mutually agreed that the medical reimbursement of Rs.78,952/- is yet to be paid and it is mutually agreed that the PARTY OF THE SECOND PART is entitled for 50% of the said amount namely Rs.39,476/-.

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H. The PARTIES OF THE FIRST PART has agreed to withdraw Crl.R.C.No.382/2022 pending before the Hon'ble High Court of Madras, so as to drop all further actions pertaining to her complaint.

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I. The PARTIES OF THE FIRST PART and the PARTY

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OF THE SECOND PART have mutually agreed and amicably settled the matter by entering into this Compromise Agreement. Therefore, there is no future claims against each other

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Crl.RC.382/2022

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henceforth from this day, than the one referred in this agreement.

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By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to O.P.No.315 of 2022 and Crl.RC.No.382 of 2022 all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation.

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DATE: 22.12.2023

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PARTIES SIGNATURE: (Petitioner) (Respondent) COUNSEL'S SIGNATURE: (Petitioner) (Respondent)'

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Thus, there is no any justification to lingering on this case further and the case is disposed of with the consent of the parties.

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Accordingly, this Criminal Revision Case is finally disposed of with the direction that the parties are bound to comply with the direction issued as per the Settlement Agreement dated 22.12.2023 entered between the parties which was signed by the Petitioner and Respondent and also by

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Crl.RC.382/2022

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the counsel for the Petitioner and the respondent. The Settlement Agreement

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is also taken on record.

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20.11.2024

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msr Index:yes/no Internet: Reportable To The Judicial Magistrate No.I, Poonamallee,

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Crl.RC.382/2022

SHAMIM AHMED, J.

msr

Crl.RC.No.382 of 2022

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20.11.2024

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Chandralekha v. Ponnammal

Case brief

What is this about?

What did the court decide?

Chandralekha v. Ponnammal

Case brief

What is this about?

What did the court decide?

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