Santhoshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.8611 of 2022 1.Santhosh Kumar 2.Meenakumari

...Petitioners / Accused No.A1 & A3

-vsState through represented by The Inspector of Police, All Women Police Station, Musiri, Trichy District.

(in Cr.No.9 of 2022)

...Respondent / Complainant

For Petitioners :

Mr.M.Pandian, Advocate.

For Respondent :

Mr.A.Albert James Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to enlarge the Petitioner on bail in the event of his arrest by the respondent Police with respect to Cr.No.9 of 2022.

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 498A, 354(b) and 294(b) IPC r/w Section 4 of Dowry Harassment Act, 1961, in Crime No.9 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2.When the matter is taken up for hearing today, the learned Counsel appearing for both parties would submit that earlier the matter was referred to Mediation by this Court, by order, dated 23.06.2022. During mediation, the parties have arrived at a compromise and they have also entered into an agreement for settlement. The terms of agreement read as follows: "1.We, the 1st parties had filed petition for anticipatory bail before this Hon'ble Court in Crl.O.P. (MD).No.8611 of 2022 for the FIR registered in Crime No. 9 of 2022 for the U/S 498A, 354B, 294(b) of IPC and Section 4 of the DP At, 1961 on the file of AWPS - Musiri Police Station, Trichy District and as such I am well acquainted with the facts and circumstances of the case. 2.Based on the above petition this Hon'ble court had forwared the case to mediation to settle the case amiably. Hence on 07.09.2022 we both the parties appeared before the mediation and came to the settlement by https://www.mhc.tn.gov.in/judis 1/2

withdrawing the above said case and also 2nd party accept to petition for decree of divorce under Section 13(1)(1a) Hindu Marriage Act in H.M.O.P.No.42 of 2022 pending before the Family Court, Tiruppur her husband who is 1st person of 1st parties with the settlement amount of Rs. 9 lakhs to be given by 1st parties to 2nd party. Accordingly on 07.09.2022 part of settlement was settled i.e Rs. 4.50 Lakhs was given by the 1st parties to 2nd party and the mediation was adjourned to 19.09.2022 to settle the remaining part of the settlement.

3.Today i.e 19.09.2022 the 2nd party had received further amount of Rs. 4.50 Lakhs from 1st parties and the dispute was amicably settled based on the condition that she will divorce her husband namely Snathosh Kumar and the 2nd party also agreed not file any complaint against the 1st parties hereafter.

4.Thus, we 1st parties and 2nd party hereby undertake before the mediator that the dispute is amicably between us by settlement amount of Rs. 9 lakhs based on that it may be recorded and closed."

3.In view of the agreement of settlement, there is no apprehension of arrest. Recording the same, this petition is disposed of. The agreement of settlement shall form part of this order.

sd/- 07/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ENCL: COPY OF AGREEMENT OF SETTLEMENT TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MUSIRI, TRICHY DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.PANDIAN, Advocate ( SR-14636[I] dated 09/12/2022 )

ORDER

IN CRL OP(MD) No.8611 of 2022 Date :07/12/2022 cmr MK/ /SAR /19.12.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2