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Madras High CourtCRL OP/5273/2014settled before the lokadalats

K.Raja, 42 Yrs, S/O.A.Kulandi, v. The State By Inspector Of

2015-08-13Honourable Mr Justice B. Rajendran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2015

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN Crl.O.P.No.5273 of 2014 K.Raja ... Petitioner vs The State by Inspector of Police Nungambakkam Police Station Chennai.

... Respondent Criminal Original Petition filed under Section 438 of Cr.P.C. to enlarge the petitioner on bail in the event of his arrest by the respondent police on the file of the respondent police. For Petitioners : Mr.B.Kumarasamy For Respondent : Mr.V.Arul Government Advocate (Criminal side) Defacto complainant appeared as party in person

ORDER

The prayer in the Criminal Original Petition is to enlarge the petitioner on bail in the event of his arrest by the respondent police for the offences under Sections 406 and 420 of IPC.

2.

This petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 10.03.2014.

3.

A communication, dated 12.08.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 06.08.2015, has been received, and in the said Mediation Report, it is stated as follows:- " Both sides appeared before the Centre along with their counsel. Parties settled the matter amicably as per the terms cited in the Mediation Agreement which is enclosed herewith. Hence, the matter is sent back to the Hon'ble Court."

4.

As the parties have arrived at a settlement in terms of the Mediation Agreement dated 06.08.2015, this petition is listed for passing orders in terms of the said Mediation Agreement.

5. The Mediation Agreement, dated 06.08.2015 signed by the parties and the petitioner's counsel, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have

agreed as follows:

1. The defacto complainant confirms that she has received a total amount of Rs.12,00,000/- [Rupees twelve lakhs only] through nine instalments as full and final settlement of the entire dues payable by the petitioner to the defacto complainant.

2. The defacto complainant further confirms that she does not have any other grievances against the petitioner.

3. The defacto complainant undertakes to treat the issues that have arisen between herself and the petitioner as closed in all respects.

4. The defacto complainant further submits that she will co-operate with the petitioner in ensuring that the FIR pending before the Nungambakkam Police Station is closed in all respects."

6.

In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 06.08.2015 in terms of the Mediation Report, dated 06.08.2015 before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this petition is disposed of, recording the terms of the Mediation

Agreement, dated 06.08.2015. The terms of the Mediation Agreement, dated 06.08.2015 and the Mediation Report, dated 06.08.2015 of the Mediation Centre shall form part of this order. 13.08.2015 vj2 Index: Yes/No To

1. The Inspector of Police Nungambakkam Police Station Chennai.

2.The Public Prosecutor, High Court, Madras.

B.RAJENDRAN, J.

vj2

Crl.O.P.No.5273 of 2014 13.08.2015