Madras High Court
CRP/4817/2025 of A.G.Shivaraman Vs R.Manickavel on 8 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 4817 of 2025
and
CMP No. 24265 of 2025
CNR:{HCMA012326402025}
1.A.G.Shivaraman
2. Sarala Shivaraman
Petitioner(s)
Vs
1. R.Manickavel
2.S. Rajesh Kumar
3.Ralph V. Manohar
4.A. Ramakrishnan
5.Sankar
Respondent(s)
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A. No.3 of 2024 in O.S. No.5945 of 2023
dated 18.02.2025 on the file of the XXIV Assistant City Civil Court, Allikulam, Chennai.
CRP No. 4818 of 2025
CNR:{HCMA012326412025}
1. A.G.Shivaraman
2.Sarala Shivaraman
Petitioner(s)
Vs
1. R.Manickavel
2.S. Rajesh Kumar
3.Ralph V. Manohar
4.A. Ramakrishnan
5.Sankar
Respondent(s)
PRAYER
Petition filed under Article 227 of the Constitution of India To strike off the plaint in O.S.No.5945 of 2023 on the file of the XXIV Assistant City Civil Court, Allikulam, Chennai.
For Petitioner(s):
Mr. P.Satheesh Kumar
For Respondent(s):
Mr.V.P.Sengottuvel
Senior Cousnel
for Ms.Deepika Palani For R1
Mr.Rajesh Kumar
for R2 -party-in-person
For R3 to R5 – No appearance
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COMMON ORDER
CRP.No.4817 of 2025 has been filed against the fair and decreetal order passed in I.A. No.3 of 2024 in O.S. No.5945 of 2023 dated 18.02.2025, on the file of the XXIV Assistant City Civil Court, Allikulam, Chennai, wherein the application filed by the petitioners under Order VII Rule 11 of CPC, to reject the plaint, came to be rejected by the Court below. CRP.No.4818 of 2025, has been filed to strike off the plaint in OS.No.5945 of 2023, dated 18.02.2025, on the file of XXIV Assistant City Civil Court, Allikulam, Chennai.
2. Considering the nature of issue involved in this case, this Court was of the view that the matter can be settled amicably between the parties. Accordingly, steps were initiated by this Court by order dated 16.4.2026. The matter was thereafter listed on 20.04.2026 and the following order came to be passed by this Court: The learned counsel for the 1st respondent appeared. The learned counsel for the petitioner also appeared. The learned counsel for the 2nd respondent appeared.
2. When the matter was taken up, the learned counsel for the 1st respondent filed an undertaking affidavit stating that he would settle the entire balance amount of Rs.83 lakhs within a period of six months. Upon payment of the entire amount, he requested the revision petitioners/defendants 1 and 2 to withdraw the complaint pending before the Criminal Court in C.C.No.6886 of 2023, as well as the complaint pending before the Bar Council of Tamil Nadu and Puducherry in BCI.Tr.Case No.287/2025.
3. The undertaking affidavit is recorded.
4. Considering that the 1st respondent is an advocate and has sought six months’ time to settle the issue, this Court is inclined to grant the said time. In view of the undertaking affidavit filed and recorded by this Court, the proceedings in O.S.No.5945 of 2023, as well as the aforesaid criminal case and the Bar Council proceedings, shall remain stayed for a period of six months.
5. Post the matter on 28.10.2026 for reporting compliance.
3. Pursuant to the above order, the first respondent who is the plaintiff has settled a sum of Rs.83 lakhs in favour of the petitioners and accordingly, a joint compromise memo has been entered into between the parties and the same has been signed by the respective parties and their counsel. The petitioners and the 1st respondent were also present in person at the time of hearing.
4. The relevant portion in the joint compromise memo dated 08.10.2026 is extracted hereunder:
1. Pursuant to the order passed in C.R.P. Nos. 4817 of 2025 and 4818 of 2025 dated 24.09.2026, and in compliance with the said order, the 1st Respondent herein has paid a sum of Rs.83,00,000/- (Rupees Eighty-Three Lakh only) by way of two Demand Drafts dated 28.09.2026, bearing D.D. Nos. 808590 and 808591, each for a sum of Rs.41,50,000/-, drawn on Indian Bank, Madras High Court Branch, payable to the 1st and 2nd Revision Petitioners herein respectively.
2. The Revision Petitioners herein are also the de facto complainants in C.C. No. 6886 of 2023, on the file of the Metropolitan Magistrate Court, Egmore, Chennai (CCB).
3. The Revision Petitioners undertake to co-operate with and take necessary steps for filing a petition before the Hon'ble High Court of Judicature at Madras for quashing the said criminal proceedings on the basis of the compromise entered into between the parties.
4. The Revision Petitioners further agree and undertake to take necessary steps for withdrawal of the complaint lodged before the Bar Council of Tamil Nadu and Puducherry, in accordance with law.
5. The parties submit that all their disputes arising out of the subject matter of the above Civil Revision Petitions have been amicably and finally settled between them in the aforesaid manner and neither party shall have any further claim against the other in respect of the subject matter of the present proceedings. It is therefore, prayed that this Hon’ble Court may be pleased to record the present Joint Compromise Memo and pass appropriate orders in the above Civil Revision Petitions in terms of Compromise and thus render justice.
5. The petitioners who were present in person acknowledged the fact that the sum of Rs.83 lakhs has been received by them.
6. The learned counsel for the petitioners submitted that the criminal proceedings pending in CC.No.6886 of 2023, on the file of the Metropolitan Magistrate Court for Exclusive Trial of CCB Cases, Egmore, Chennai, is non-compoundable and therefore, it can only be quashed in exercise of power and jurisdiction under Section 528 of BNSS 2023.
7. Insofar as the complaint given against the 1st respondent before the Bar Council of Tamil Nadu and Puducherry is concerned, the learned counsel for the petitioners submitted that the complaint will be withdrawn tomorrow by giving a letter to the Bar Council.
8. In view of the fact that the issue has been compromised between the parties amicably, this Court exercising its jurisdiction under Section 528 of BNSS is inclined to quash the criminal proceedings and the proceedings in CC.No.6886 of 2023, pending on the file of the Metropolitan Magistrate Court for Exclusive Trial of CCB Cases, Egmore, Chennai, stands quashed.
9. After the letter is given to the Bar Council of Tamil Nadu and Puducherry tomorrow, the acknowledgment copy of the said letter shall be filed in the Registry along with a memo and the same shall be put up in the bundle.
10. In view of the above settlement, the plaint in OS.No.5945 of 2023, on the file of the XXIV Assistant City Civil Court, Allikulam, Chennai, stands rejected and this Civil Revision Petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 08-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp Copy to
1. The Metropolitan Magistrate Court for Exclusive Trial of CCB Cases, Egmore, Chennai,
2. The Inspector of Police Central Crime Branch Office of Commissioner of Police Vepery.
3. The Secretary The Bar Council of Tamil Nadu and Puducherry High Court Campus, Chennai-104.
4. The Secretary The Bar Council of India 21, Rouse Avenue Institutional Area New Delhi-110 002.
5. XXIV Assistant City Civil Court, Allikulam, Chennai.
N.ANAND VENKATESH J. kp CRP No. 4817 of 2025 and CRP No. 4818 of
08-10-2026