Sherly Joseph v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2015

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN Crl.O.P.No.17316 of 2015 and M.P.No.1 of 2015 Sherly Joseph Issac ... Petitioner vs State rep.by The Inspector of Police R-9, Valasarawakkam 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 her arrest by the respondent police.

For Petitioner : Mr.M.Venugopal For Respondent : Mr.V.Arul Government Advocate (Criminal side) Mr.K.Premkumar for Defacto complainant

ORDER

The prayer in the Criminal Original Petition is to enlarge the petitioner on bail in the event of her arrest by the respondent police for the alleged offence 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 24.07.2015.

3.

A communication, dated 11.08.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 04.08.2015 has been received, and in the said Mediation Report, it is stated as follows:- " Both 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."

4.

As the parties have arrived at a settlement in terms of the Mediation Agreement dated 04.08.2015, this petition is listed for passing orders in terms of the said Mediation Agreement.

5. The Mediation Agreement, dated 04.08.2015 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. Petitioner and the defacto complainants agreed to settle the dispute amicably between them before the Mediation Centre.

2. Petitioner agreed to pay the 50% of the agreed amount to the defacto complainants during November 2015 and the balance 50% of the agreed amount will be paid by the petitioner during December 2015 as mentioned in the below table. The defacto complainants agreed for the same. Sl.

Name of the defacto 50% of the agreed amount will be paid 50% of the agreed complainant amount will be paid December November 2015 1.

K.C.Saramma Rs. 28,500 Rs. 28,500 2.

S.Susamma Rs.1,00,500 Rs.1,00,500 3.

G.Varghese Rs.2,41,000 Rs.2,41,000 4.

S.Yohannan Rs.1,34,000 Rs.1,34,000

3. On receipt of the amount received from the petitioner, the defacto complainants agreed to withdraw the complaint filed against the petitioner before the respondent/The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai.

6.

In terms of the settlement arrived at between the parties,

which is recorded under the Mediation Agreement, dated 04.08.2015 in terms of the Mediation Report, dated 04.08.2015 before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this petition is disposed of, recording the terms of the Mediation Agreement, dated 04.08.2015. The terms of the Mediation Agreement, dated 04.08.2015 and the Mediation Report, dated 04.08.2015 of the Mediation Centre shall form part of this order. Consequently, the connected miscellaneous petition is closed. 13.08.2015 vj2 Index: Yes/No To

1. The Inspector of Police R-9, Valasarawakkam Police Station Chennai.

2.The Public Prosecutor, High Court, Madras.

B.RAJENDRAN, J.

vj2 Crl.O.P.No.17316 of 2015 13.08.2015