S.Maruthi v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2015 CORAM :
THE HONOURABLE MR.JUSTICE B.RAJENDRAN Crl.O.P.No.12396 of 2014 and M.P.Nos.1 and 3 of 2014
1. S.Maruthi
2. V.Selvaraj
3. Rathna Selvaraj
4. Preethi Selvaraj
...Petitioners
vs.
1.
State rep.by Inspector of Police All Women Police Station Sathyamangalam Erode District.
Vijayadeepa The Protection Officer (Under the Protection of Women from Domestic Violence Act, 2005) District Social Welfare Officer Erode District.
...Respondents
Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records of the respondents in M.C.No.9 of 2014 on the file of the Judicial Magistrate, Sathyamangalam, Erode District and to quash the same as against the petitioners herein. For Petitioner :
Mr.A.Edwin Prabakar For Respondents :
Mr.R.Prathap Kumar Government Advocate (Crl.side) for R1 Mr.Palani Selvaraj for R2
O R D E R
The prayer in the Criminal Original Petition is for a direction to call for the records of the respondents in M.C.No.9 of 2014 on the file of the Judicial Magistrate, Sathyamangalam, Erode District and to quash the same as against the petitioners herein. This Criminal Original Petition was referred for mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras. A communication dated 08.04.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 06.03.2015 has been received, wherein 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, this petition is listed for passing of an order in terms of the Memo.
5. The Mediation Agreement, signed by the parties and their respective 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. Both parties along with their respective counsels are present. Both the first petitioner/husband and the 2nd respondent/wife agree to file consent petition for divorce case pending before the Sub Court, Tambaram in HMOP No.455/2013. The 1st petitioner/husband agreed to pay Rs.7,00,000/- [Seven lakhs only] as one time full and final settlement towards permanent alimony in following schedule of payment.
a. Rs.3,50,000/- [Three lakhs fifty thousand only] at the time of filing consent divorce petition.
b. Balance amount of Rs.3,50,000/- [Three lakhs fifty thousand only] at the time of getting decree of divorce.
c. The 2nd respondent/wife agree to withdraw the M.C.No.9/2014 on the file of the Judicial Magistrate, Sathyamangalam and all other civil or criminal cases on or before getting decree of divorce.
2. Both parties agreed that there are no further claims against each other.
"
6.
In terms of the settlement arrived at between the parties which is recorded under the Mediation Agreement in terms of the report dated 06.03.2015 from the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this Criminal Original Petition is disposed of recording the terms of the Mediation Agreement. The terms of the Mediation Agreement and the report of the Mediation Centre shall form part of the order. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar vj2 To 1.
The Inspector of Police All Women Police Station Sathyamangalam Erode District.
The Protection Officer (Under the Protection of Women from Domestic Violence Act, 2005) District Social Welfare Officer Erode District.
The Public Prosecutor, Madras
4. The Assistant Registrar, Tamil Nadu Mediation and Conciliation Centre, High Court, Madras-600 104.
5.
The Judicial Magistrate, Sathyamangalam, Erode.
6.
-Do- Through The Chief Judicial Magistrate, Erode.
1 CC to Mr.Palani Selvaraj, Advocate SR.No. 22156 Crl.O.P.No.12396 of 2014 VD (CO) PSI (02.06.2015)