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2013 DIGILAW 3019 (MAD)

Moses Antony Durai v. State rep by its Inspector of Police Chennai

2013-08-23

M.JAICHANDREN

body2013
Judgment : 1. This petition has been filed seeking to enlarge the petitioners on anticipatory bail in the event of their arrests in connection with the Crime No.2 of 2013, on the file of the respondent police. 2. This criminal original petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 18.1.2013. 3. A communication, dated 13.8.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 5.7.2013, has been received, and in the said Mediation Report, it is stated as follows:- "Petitioners and Defacto Complainant present along with their Counsel. Parties arrived at a settlement as per the terms in the Mediation Agreement enclosed herewith. Hence the matter is sent back to the Hon’ble Court. " 4. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 5.7.2013, this petition is listed for passing orders in terms of the said Mediation Agreement. 5. The Mediation Agreement, dated 5.7.2013, signed by the parties and the counsels appearing for the petitioners and the defacto-complainant, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: 1. Petitioners and the Defacto Complainant agree to settle the dispute amicably before the Mediation Centre. 2. The 1st Petitioner agrees to pay a sum of Rs.18,00,000/-(Rupees Eighteen lakhs only) to the Defacto Complainant towards permanent alimony and the Defacto Complainant agrees for the same. 3. The 1st Petitioner agrees to pay 50% of the alimony i.e., a sum of Rs.9,00,000/- (Rupees Nine Lakhs only) on the date of filing the quash petition before the High Court against Crime No.2/2013 on the file of Respondent / The Inspector of Police, All Women Police Station, Thiruvottiyur, Chennai and M.C.No.92/2012 on the file of 23rd Metropolitan Magistrate, Saidapet, Chennai and giving no objection for allowing the same by the Defacto Complainant. 4. The remaining amount of alimony a sum of Rs.9,00,000/- (Rupees Nine Lakhs only) will be paid by the 1st Petitioner to the Defacto Complainant on the date of giving consent to pass a decree of divorce. 5. The 1st Petitioner agrees to return the articles belonging to the Defacto Complainant which is in the custody of the 1st Petitioner. 6. The remaining amount of alimony a sum of Rs.9,00,000/- (Rupees Nine Lakhs only) will be paid by the 1st Petitioner to the Defacto Complainant on the date of giving consent to pass a decree of divorce. 5. The 1st Petitioner agrees to return the articles belonging to the Defacto Complainant which is in the custody of the 1st Petitioner. 6. Both the parties agree that they have no further claims against each other in future. " 6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 5.7.2013, and in terms of the Mediation Report, dated 5.7.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, this petition is disposed of, recording the terms of the Mediation Agreement, dated 5.7.2013. The terms of the Mediation Agreement, dated 5.7.2013 and the Mediation Report, dated 5.7.2013, of the Mediation Centre, shall form part of the order.