Jeyagandhan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2022 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL OP(MD) No.11550 of 2022 1 JEYAGANDHAN 2 RAJALAKSHMI 3 SIVAPRAVEEN ... PETITIONERS / ACCUSED No.A2 to A4 Vs

1. THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMAN POLICE STATION, THIRUPPARANKUNDRAM, MADURAI.

CRIME NO.18 OF 2022 ... RESPONDENT / COMPLAINANT

2. MEENASOUNDARYA ... INTERVENER/DEFACTO COMPLAINANT PRAYER: 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 connection with Cr.No.18 of 2022 on the file of the Respondent Police.

For Petitioners : Mr.P.Venkatesan, Advocate For Respondent : Mr.A.Albert James Government Advocate (Crl.side) For Intervenor : Mr.N.Mohideen Basha, Advocate ****

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A) and 406 of IPC in Crime No.18 of 2022 on the file of the respondent police, seek 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 11.08.2022. 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: 1/3

"A.Respondent / defacto complainant and the petitioners are agreed for compromise. Defacto complainant has agree to withdraw HMOP No. 618/2022 on the file of Family Court, Madurai DVOP No. 64/2022 on the file of the Additional Mahila Court, Madurai, and also criminal complaint was registered in crime No. 18/2022 on the file of Thiruparamgundram All women Police Station , Madurai City.

B. Out of lawful wedlock between the defacto complainant and Petitioner no. 4 a Female child namely Niranjana was born on 26.10.2019 and both are agreed that defacto complainant is hereby under take to take custody of the child from today (14.11.2022 ) without any hindrance in future for the welfare of the child and the petitioners also hereby under take they will not disturb anything in future regarding the child welfare.

C. Defacto complainant has received from the petitioners all the gold ornaments and house hold articles given by the defacto complainant's parents at the time of the marriage and at the same time the petitioners also received all golden jewels and other articles from the defacto complainant.

D.The Petitioners have deposited Rs. 10,00,000/- ( Rupees Ten Lakhs Only ) in the name of the minor child namely Niranjana with the State Bank of India, Villapuram Branch, Madurai City Vide FD account No. 414173844670 on 11.11.2022 for the welfare of the child and lump sum maintenance to the defacto complainant and she is the legal guardian of the said account.

E. Both are exchange their photos & Videos taken at the time of Marriage and they will not misuse anyway in the future.

F.Both are agreed that they will not claim or counter claim any alimony in future against each other.

G.Both are agreed to file Mutual Divorce Petition before the Family Court, Madurai and Compromise Quash Petition before this Hon'ble Court this in Crime No. 18 of 2022 on the file All Women Police Station, THiruparamkundram, Madurai City.

7. By signing this Agreement the parties hereto state that they have no further claims or demand against each other with respect to Crl.OP (MD) No. 11550 of 2022 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of conciliation/mediation." 2/3

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.

CMR ENCL : SETTLEMENT AGREEMENT TO

1. THE INSPECTOR OF POLICE ALL WOMAN POLICE STATION, THIRUPPARANKUNDRAM, MADURAI.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.11550 of 2022 Date :07/12/2022 USK/MMS/SAR-I/28.12.2022/3P/3C 3/3