Facts
The petitioners challenged the rejection of their application under Order VII Rule 11 CPC in O.S. No. 5945 of 2023 and separately sought to strike off the plaint.
Source reference: p. 2During the revisions, the first respondent undertook to pay the petitioners the balance amount of ₹83 lakh; the proceedings were stayed for six months to allow settlement.
Source reference: pp. 3–4The first respondent subsequently paid ₹83 lakh by two demand drafts, and the parties filed a joint compromise memo confirming that their civil disputes were finally settled.
Source reference: pp. 4–5The petitioners also agreed to take steps to quash the related criminal proceedings and withdraw their complaint before the Bar Council in accordance with law.
Source reference: p. 5Issues
Whether the Court should give effect to the parties’ compromise by disposing of the civil revision petitions and rejecting the plaint in O.S. No. 5945 of 2023.
Source reference: pp. 4–5, 7Whether the Court could quash the non-compoundable criminal proceedings in C.C. No. 6886 of 2023 on the basis of the parties’ settlement.
Source reference: pp. 5–6Law Applied
The Court exercised its jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the criminal proceedings following the parties’ amicable settlement, notwithstanding that the proceedings were stated to be non-compoundable.
Source reference: p. 6The civil revisions arose under Article 227 of the Constitution and concerned an application under Order VII Rule 11 CPC, but the Court did not analyse the merits of that provision; it disposed of the civil dispute in terms of the compromise.
Source reference: pp. 1–2, 7Reasoning
The Court recorded that the first respondent had paid the agreed ₹83 lakh and that the petitioners acknowledged receipt; the signed joint compromise memo stated that the disputes arising from the civil revisions were finally settled, with no further claims between the parties concerning their subject matter.
Source reference: pp. 4–5In light of that settlement, the Court quashed C.C. No. 6886 of 2023 under Section 528 BNSS.
Source reference: p. 6It also gave effect to the compromise in the civil proceedings, without deciding the underlying Order VII Rule 11 issue on its merits.
Source reference: p. 7As to the Bar Council complaint, the petitioners’ counsel stated that a withdrawal letter would be submitted, and the Court directed that its acknowledged copy be filed in the Registry.
Source reference: p. 6Holding
The Court quashed the proceedings in C.C. No. 6886 of 2023 and, in view of the settlement, ordered that the plaint in O.S. No. 5945 of 2023 stand rejected.
The civil revision petition was allowed in those terms, with no order as to costs; the connected miscellaneous petition was closed.
Source reference: p. 7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Original Court PDF
A.G.ShivaramanvsR.Manickavel
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
