Suvitha v. The Superintendent Of Police
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 11.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Suvitha ... Petitioner Vs.
State represented by, 1.The Superintendent of Police, Kanyakumari District, Nagercoil.
2.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.
3.Sujith Kumar 4.Sugumaran 5.Usha ... Respondents (RR 3 to 5 suo motu impleaded vide order dated 12.07.2021 made in Crl.O.P(MD)No.7800 of 2021) Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to monitor the investigation in Crime No.68 of 2020 pending before the second respondent. For Petitioner : Mr.M.Ramu For RR 1 & 2 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) For RR 3 to 5 : Mr.R.Ilayaraja
ORDER
Though this Criminal Original Petition was disposed of, by an order, dated 03.03.2022, the matter is listed today under the caption 'for being mentioned', at the instance of the learned counsel appearing for the petitioner.
2.The learned counsel appearing for the petitioner would submit that when the matter was ordered by this Court on 03.03.2022, Mediation was pending between the parties, namely, the petitioner and the respondents 3 to 5 and now, they have arrived at a 1/3
settlement and entered into an agreement before the Tamil Nadu Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai on 10.03.2022.
3.In view of the submission made by the learned counsel appearing for the petitioner, the order, dated 03.03.2022 is hereby re-called, since the certified copy of the said order has so far been not despatched and the following order is passed:- "This Criminal Original Petition has been filed seeking a direction to direct the first respondent to monitor the investigation in Crime No.68 of 2020 pending before the second respondent.
4.By passage of time, the petitioner and the respondents 3 to 5 entered into an agreement before the Tamil Nadu Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai on 10.03.2022 and they have decided to bury their hatchet and compromise the dispute amicably among themselves.
5.The settlement agreement, dated 10.03.2022 reads as follows:- "1.Disputes and differences had arisen between the parties hereto and Crl.O.P(MD)No.7800 of 2021 was filed on 23.03.2021 before the Madurai Bench of Madras High Court.
2.The matter was referred to Mediation vide an order dated 11.08.2021 passed by this Court.
3.The parties agreed that Mr.J.Alaguram Jothi would act as their Mediator/Conciliator.
4.Two meetings were held during the process of Mediation from 15.09.2021 to 10.03.2022 and the parties have with the assistance of the Mediator voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences. 5.The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this settlement agreement of the presence of the Mediator / Conciliator.
6.The following settlement has been arrived at between the parties hereto:
A.As per the terms and conditions as made out in the joint compromise memo signed and handed over to the Mediator on 10.03.2022.
7.By signing this Agreement, the parties hereto state that they have no further claims or demands against each other with respect to Crl.O.P(MD)No.7800 of 2021 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Mediation."
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6.Recording the said settlement arrived at between the parties, the F.I.R registered in Crime No.68 of 2020 on the file of the second respondent is quashed and this Criminal Original Petition is allowed. The Mediation report, dated 10.03.2022 shall form part and parcel of this order. " Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Enclose copy of Mediation report and Joint compromise memo. Note :
1.Registry is directed to delete the order, dated 03.03.2022 from the website.
2.In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.
2.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Section Officer, Judgment Orders Uploaded Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.VEILMUTHU, Advocate ( SR-11646[F] dated 11/03/2022 ) Crl.O.P(MD)No.7800 of 2021 11.03.2022 RK(24/03/2022) 3P 6C 3/3