Raguvenkatesh 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.O.P(MD)Nos.12793 and 14030 of 2022 Raguvenkatesh ... Petitioner /Sole Accused (in Crl.O.P.(MD)No.12793/2022)
1. Sundaramoorthy
2. Muthammal ... Petitioners/Accused Nos.2 & 3 (in Crl.O.P.(MD)No.14030/2022) -vs1. State Rep.By The Inspector of Police, All Women Police Station, Madurai South, Madurai.
(Crime No.Not Known of 2022) ... Respondent/Complainant (in Crl.O.P.(MD)No.12793/2022) (*)2.K.Aswitha ... 2nd Respondent/Defacto Complainant (in Crl.O.P.(MD)No.12793/2022) (*)(R2-Suo Motu impleaded as per order dated 15.07.2022 by this Hon'ble Court in Crl.O.P.(MD) No.12793/2022 by GIJ) State rep.by The Inspector of Police, All Women Police Station, Madurai City.
(in Crime No.36 of 2022) ... Respondent/Complainant (in Crl.O.P.(MD)No.14030/2022) (in Crl.O.P.(MD)No.12793/2022) 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.not known of 2022 on the file of the Respondent Police.
(in Crl.O.P.(MD)No.14030/2022) 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.36 of 2022 on the file of the Respondent Police.
For Petitioners : Mr.S.M.Anantha Murugan (in both Petitions) For 1st Respondent : Mr.A.Albert James Government Advocate (Crl.side) (in Crl.O.P.(MD)No.12793/2022) For Respondent : Mr.A.Albert James Government Advocate (Crl.side) (in Crl.O.P.(MD)No.14030/2022) C O M M O N O R D E R The petitioner in Crl.O.P.(MD)No.12793 of 2022, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 498(A) of IPC and Section 4 of Dowry Prohibition Act, in Crime No.Not known of 2022 on the file of the respondent police, seek anticipatory bail.
The petitioners in Crl.O.P.(MD)No.14030 of 2022, 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.36 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 15.07.2022. 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: "a.Both petitioner and the respondent / defacto complainant were present before the Mediation Centre. Both parties agreed for a settlement. The petitioner already handed over the "Seervarisai" things to the respondent / defacto complainant on 25.09.2022. Furthermore the petitioner Raghu Venkatesh and K. Asvitha who is the respondent / defacto complainant exchanged the jewels including Gold Thali chain today (02.11.2022).
b. The Petitioner S. Raghu Venkatesh handed over a demand draft of Rs. 1,00,000/- (Rupees one lakh only), bearing D.D.No. 004836 - 62724005, 99999016, dated 30.08.2022, HDFC Bank, Tenkasi in favour of respondent/defacto complainant K. Asvitha to her for the value of wooden cot and Bureau.
c. The respondent / defacto complainant agreed to give consent for quash petition which will be filed by the petitioner in the FIR No. 36 of 2022 pending before the All Women Police Station, Madurai South Station.
d. The petitioner handed over Rs. 10,000/- ( Rupees Ten Thousand only), to the respondent / defacto complainant K. Asvitha, for the "Mangalyapottu'', which was given at the time of marriage by the parents of defacto complainant and the same '' Mangalyapotttu'' was handed over to the petitioner Raghu Venkatesh by the respondent / defacto complainant K. Asvitha today.
e. Both parties have agreed to file petition for divorce by "Mutual Consent'' in court."
3.In view of the agreement of settlement, there is no apprehension of arrest. Recording the same, these petitions are 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.IV) Madurai Bench of Madras High Court, Madurai - 625 023.
cmr TO
1. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI SOUTH, MADURAI.
2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI CITY.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL.O.P(MD)Nos.12793 and 14030 of 2022 Date :07/12/2022 SP/SSS/SAR IV/21/12/2022/3P/4C