Ramanathan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2015

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN Crl.O.P.No.30029 of 2014 1.Ramanathan 2.Rajan .. Petitioners Vs.

1.State rep. by Inspector of Police W-32, All Women Police Station Madipakkam Chennai.

2.G.D.Sheebarani .. Respondents (R.2 is suo moto impleaded as per the order of this Court, dated 20.08.2015 in Crl.O.P.No.30029 of 2014) Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C., seeking to quash the final report filed against the petitioners in C.C.No.914 of 2012 on the file of the Judicial Magistrate, Alandur.

(amended as order of this Court dated 16/10/2015 in MP.1/15 in Crl.O.P.No.30029/14) For Petitioners : Mr.R.C.Paul Kanagaraj For Respondents : Mr.V.Arul Government Advocate(Crl.Side) for R.1 Mr.A.R.Karunakaran for R.2/defacto complainant * * *

O R D E R

This Criminal Original Petition was referred for Mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

2. A communication dated 14.10.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 01.10.2015 has been received, wherein it is stated as follows:- "Parties appeared before the Centre along with their Counsel. Parties arrived at an amicable settlement as per the terms in the Mediation Agreement enclosed herewith. Hence the matter is sent back to the Hon'ble Court."

3.As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 01.10.2015, this Criminal Original Petition is listed for passing of an order in terms of the settlement.

4.The Mediation Agreement, dated 01.10.2015, arrived at out of their own volition and without any pressure or coercion from any side, signed by the parties and their respective counsel reads as follows:-

1. The Defacto Complainant Mrs.Sheeba Rani agrees for quashing C.C.No.914/2012 on the file of Judicial Magistrate, Alandur against A1 to A4.

2. Anbin Vijaya Raja/A1 agrees to withdraw I.D.O.P.No.230/2012 on the file of Principal District Judge, Chingleput. Anbin Vijaya Raja/A1 and D.Sheebarani/Defacto Complainant agree to file a Consent OP for divorce on 07.10.2015.

3. Rachel Rani/A2, Ramanathan/A3 and Rajan/A4 agree to the above terms of settlement.

4. The parties have no other claims against each other (past, present, future).

5. In terms of settlement arrived at between the parties which is recorded under the Mediation Agreement by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, in its Report dated 01.10.2015, this Criminal Original Petition is disposed of recording the Mediation Agreement. The Mediation Agreement and the report of the Mediation Centre shall form part of this order. In terms of Clause No.1 of the Mediation Agreement viz., "The Decto Complainant Mrs.Sheeba Rani agrees for quashing C.C.No.914/2012 on the file of Judicial Magistrate, Alandur against A1 to A4", the final report in C.C.No.914/2012

on the file of Judicial Magistrate, Alandur as against Accused Nos.1 to 4 stands quashed. It is now represented that both parties will appear before the Principal District Court, Chengalpet, on 12.04.2016 in connection with the case in I.D.O.P.No.95 of 2015. The said statement is recorded. *Hereunder enter the mediation Agreement and report of Mediation Centre) -s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Inspector of Police W-32, All Women Police Station Madipakkam Chennai.

2.The Judicial Magistrate, Alandur.

3.The Public Prosecutor High Court, Madras-104 4.The Principal District Judge, Chengalpet +2 ccs to Mr.A.R.Karunakaran Advocate sr.57324 +1 cc to Mr.R.C.Paul Kanagaraj Advocate sr.57883 Crl.O.P.No.30029/2014 aa16/12/2015