S. Antony Jayachandran, C. Selvaraj and Amlorpava Mary vs A. Babitha Judy

M. Jaichandren, J.—The prayer in the Criminal Original Petition is to call for the records in D.V.A. No. 26 of 2012 on the file of the learned Judicial Magistrate No. I, Coimbatore and quash the same. 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 08.04.2013.

A communication, dated 16.09.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 05.09.2013, has been received, and in the said Mediation Report, it is stated as follows:-

Both the parties appeared before the Centre along with their Counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence the matter is sent back to the Hon''ble Court.

As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 05.09.2013, this petition is listed for passing orders in terms of the said Mediation Agreement.

The Mediation Agreement, dated 05.09.2013, signed by the parties and the counsel appearing for the petitioners, reads as follows:-

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

The 1st Petitioner and the Respondent have agreed to settle all marital issues between them on the following terms:

The 1st Petitioner and Respondent agree to dissolution of their marriage on the ground of nullity and the Respondent has filed a petition for the same on 02.09.2013 before the Family Court, Coimbatore and that the 1st Petitioner has agreed to submit to the decree, as his consent was received without his volition.

The 1st Petitioner and Respondent agree that in the event of the Family Court, Coimbatore not entertaining the petition for dissolution of Marriage on the ground of nullity, they will file the petition for divorce by mutual consent.

The 1st Petitioner has today paid the Respondent a sum of Rs. 2,50,000/- (Rupees two lakhs and fifty thousand only) and D.D. No. 753805, dated 04.09.2013 drawn on State Bank of India, Coimbatore, towards the claim of the Respondent for maintenance and all issues arising out of their marital relationship. The Respondent agrees that she has no further claim for maintenance and will not ask for any further amount in the event of delay in passing of the decree for dissolution of their marriage.

The 1st Petitioner and Respondent have agreed that they have taken return of all their articles and Jewellery and have no further claim against each other.

The Respondent agrees that in view of the settlement she is not pressing her complaint in D.V.A. 26/2012 on pending on the file of Judicial Magistrate I, Coimbatore and has agreed to withdraw the same at the time of passing of decree for dissolution of marriage.

The 1st Petitioner agrees to withdraw OP. No. 1303/2012 pending on the file of the Family Court, Coimbatore, in view of this agreement, at the time of passing of decree for dissolution of marriage.

The Parties hereto agree to take all steps and co-operate for closing of the enquiry pending before the Church regarding the martial relationship and agree that they will not persue the same in view of this agreement.

The Respondent agrees that she is not pressing charges against the 2nd and 3rd Petitioners in view of the agreement entered into here.

Both parties agree that they have no further claims against each other and agree to co-operate for the dissolution of the marriage before the court in the manner deemed necessary under law.

In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 05.09.2013, and in terms of the Mediation Report, dated 05.09.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this petition is disposed of, recording the terms of the Mediation Agreement, dated 05.09.2013. The terms of the Mediation Agreement, dated 05.09.2013 and the Mediation Report, dated 05.09.2013, of the Mediation Centre, shall form part of the order. Connected M.P. is closed.