Ashokkumar v. The State Rep By Itst

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2015 CORAM :

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Crl.O.P.No.2615 of 2015 and M.P.No.1 of 2015 Ashokkumar ... Petitioner vs.

State rep.by The Sub Inspector of Police M-2, Milk Colony Police Station Madhavaram, Chennai.

... Respondent Criminal Original Petition filed under Section 438 of the Cr.P.C., to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.Not known of 2015 on the file of the respondent-police. For Petitioner :

Mr.D.Devendhiran For Respondent :

Mr.R.Prathap Kumar, Govt. Advocate (Crl. Side) Mr.V.S.Dixit, Intervenor

O R D E R

The prayer in the Criminal Original Petition is to enlarge the petitioner on bail in the event of his arrest by the respondent police. 2.

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

3.

A communication dated 21.04.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 16.04.2015 has been received, wherein it is stated as follows:- "Petitioner and defacto complainant apeared 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 between the parties, this petition is listed for passing of an order in terms of the said agreement.

5. The Mediation Agreement between the parties, 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 defacto complainant settle the dispute amicably between them for a sum of Rs.3,48,000/- [Rupees three lakhs forty eight thousand only].

2. Petitioner paid a sum of Rs.3,48,000/- [Rupees three lakhs forty eight thousand only] to the defacto complainant as full quits of all the claims of the defacto complainant. Defacto Complainant acknowledged the receipt of the same.

3. Defacto Complainant agreed to withdraw the complaint before the respondent/Sub Inspector of Police, M-2, Milk Colony Police Station, Madhavaram, Chennai filed against the petitioner.

4. Petitioner and defacto complainant agreed that they did not have any other claims/dispute against each other." 6.

In terms of the settlement arrived at between the parties which is recorded under the Mediation Agreement between the parties in terms of the report dated 16.04.2015 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. vj2 23.04.2015 To :

1.The Sub Inspector of Police M-2, Milk Colony Police Station Madhavaram, Chennai.

2. The Public Prosecutor, Madras

B.RAJENDRAN, J.

vj2 3.The Assistant Registrar, Tamil Nadu Mediation and Conciliation Centre, High Court, Madras-600 104.

Crl.O.P.No.2615 of 2015 Dated: 23.04.2015