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Madras High CourtCRL OP/27422/2015dismissed as settled out of court

Jagadesh v. State Rep. By

2016-01-28Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE B. RAJENDRAN Criminal Original Petition No. 27422 of 2015

1. Jagadesh

2. Lakshmi .. Petitioners

Versus

State represented by Inspector of of Police All Women Police Station R.S. Puram West Coimbatore .. Respondent Criminal Original Petition filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Crime No. not known of 2015 on the file of the respondent.

For Petitioner :

Mr. L. Mouli For Respondent :

Mr. M. Mohammed Riyaz Government Advocate (Crl.side) Mr. Camlyes Gandhi for Intervener

ORDER

This Criminal Original Petition was referred to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras to explore the possibility of a settlement of the dispute between the parties.

2.

A communication dated 27.01.2016 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 11.01.2016 has been received, wherein it is stated as follows:- "Both the parties appeared before the Centre along with their Counsel. The first petitioner and defacto complainant agreed for compromise. The second petitioner was absent for all the Mediation proceedings. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence, the matter is sent back to the Honourable Court."

B. RAJENDRAN, J 3.

As per the Mediation report dated 27.01.2016, the matter has been amicably settled between the petitioners and the defacto complainant and the terms of settlement has been duly recorded in the Memo agreement dated 11.01.2016, which 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 first petitioner and defacto complainant are willing to live together (re-union) in the residence of the first petitioner and lead their life in prosperous way without any problem. 2.

The defacto complainant agrees to withdraw the complaint on the file of the Inspector of Police, All Women Police Station, R.S. Puram West, Coimbatore, Crime Number not known of 2015."

The Mediation agreement ha sbeen duly signed by the petitioners, defacto complainant and their respective counsel. Having regard to the fact that the petitioner as well as the defacto complainant have settled the dispute, in terms of the 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 11.01.2016, this Criminal Original Petition is disposed of. The Mediation Agreement and the report of the Mediation Centre shall form part of this order.

28-01-2016 rsh CrlOP No. 24622 of 2015