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2014 Supreme(Mad) 858

High Court of Judicature at Madras
M. JAICHANDREN, J.
V. Saravanakumar & Another
Versus
Inspector of Police B7 L & O Ramanathapuram Police Station & Others
M.P. No. 1 of 2011 & M.P. No. 3 of 2011 in Crl.O.P. No. 17430 of 2011
Decided on: 11-04-2014

The court recognized and gave effect to the settlement reached through mediation, emphasizing the importance of voluntary agreement between the parties.

Headnote:

Mediation Agreement - Criminal Petition - The court disposed of the petition based on the settlement reached between the parties through mediation, recording the terms of the Mediation Agreement.

Fact of the Case:

The parties reached an amicable settlement through mediation, leading to the disposal of the petition based on the terms of the Mediation Agreement.

Finding of the Court:

The court disposed of the petition based on the settlement reached through mediation, recording the terms of the Mediation Agreement.

Issues:

Ratio Decidendi: The court's decision was influenced by the amicable settlement reached between the parties through mediation, as recorded in the Mediation Agreement.

Final Decision: The petition was disposed of, and the terms of the Mediation Agreement and Mediation Report were recorded as part of the order. Connected M.P.Nos.1 and 3 of 2011 were closed.

JUDGMENT

1. This criminal original petition has been filed to call for the records in C.C.No.218 of 2011, on the file of the VI Judicial Magistrate, Coimbatore, dispense with the personal appearance of the petitioner before the trial Court in C.C.No.218 of 2011, on the file of the VI Judicial Magistrate, Coimbatore, pending disposal of the quash petition, stay all further proceedings before the trial Court in C.C.No.218 of 2011, on the file of the VI Judicial Magistrate, Coimbatore pending disposal of the quash petition and quash the charge sheet in C.C.No.218 of 2011, on the file of the VI Judicial Magistrate, Coimbatore.

2. This criminal original petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 5.12.2012.

3. A communication, dated 10.12.2012, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 10.12.2012, has been received, and in the said Mediation Report, it is stated as follows:-

"Both parties appeared before the Centre along with their Counsel. Parties arrived at an amicable settlement as per the terms in the Mediation Agreement. 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 10.12.2012, this petition is listed for passing orders in terms of the said Mediation Agreement.

5. The Mediation Agreement, dated 10.12.2012, signed by the parties and the counsels appearing for the parties concerned, reads as follows:-

"Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:

It is submitted that the Petitioner and the 2nd Respondent / Defacto Complainant have settled their issues involved in this matter themselves on the following terms:

1. The 2nd Respondent / Defacto Complainant herein is hereby not pressing and withdrawing the complaint lodged by her and it was registered in Crime No.93 of 2011 by the 1st Respondent herein and also charge sheeted under section 498 (A) of Indian Penal Code and the same was taken cognizance by the VI Judicial Magistrate, Coimbatore in C.C.No.218 of 2011. Accordingly, both the parties are hereby agreed the same.

2. The Petitioner and the 2nd Respondent / Defacto Complainant family members will sort out their issues with regard to the reunion of the Petitioner and the 2nd Respondent / Defacto Complainant being the Husband and Wife themselves will amicably with the help of other elders of the family members."

6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 10.12.2012, and in terms of the Mediation Report, dated 10.12.2012, before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this petition is disposed of, recording the terms of the Mediation Agreement, dated 10.12.2012. The terms of the Mediation Agreement, dated 10.12.2012 and the Mediation Report, dated 10.12.2012, of the Mediation Centre, shall form part of the order. Connected M.P.Nos.1 and 3 of 2011 are closed.

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