ORDER

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 4th respondent.

2. The learned counsel for the Revision Petitioner submitted that the matter has been settled between the parties outside the court before the Mediation and Conciliation Centre of this Court.

3. 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:

1.

SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT entered into on Chennai on 22nd day of December 2023 BETWEEN i. Mrs. CHANDRALEKHA, W/o.Late G.Umapathy, aged about 30 years, No.12, Kasthuri Apartments, 2nd Floor, 7th Main Road, Dandeswaran, Velachery, Chennai 600 042.

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, 2nd Floor, 7th Main Road, Dandeswaran, Velachery, Chennai 600 042, hereinafter referred to as the PARTIES OF THE FIRST PART.

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

62 years is residing at Door No.113, 8th Street, Thirumalaivasan Nagar, Thirumullaivoyal, Chennai 600 062, hereinafter referred to as the PARTY OF THE SECOND PART.

WHEREAS:

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 2/3rd 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.

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 and her children, as the same was not proceeded, the PARTY OF THE FIRST 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.

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

The terms of the settlement are derived hereunder.

TERMS OF SETTLEMENT:

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 2/3rd shares and the PARTY OF THE SECOND PART shall be entitled to 1/3rd 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.

The amounts are to be shared as hereunder:

(2/3rd share of the 1st petitioner an 2nd petitioner/Party of the FIRST Part)