Saifullah Raufi, Obaidul Rab Raufi and Nasreen Raufi vs State

M. Jaichandren, J.—The prayer in the Criminal Original Petition is to call for the records in C.C. No. 4590 of 2006 on the file of IX Metropolitan Magistrate, Saidapet, Chennai 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 10.07.2013.

A communication, dated 23.09.2013, 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:-

Parties arrived at an amicable settlement as per the terms in the Mediation Agreement enclosed herewith. 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:-

Whereas 1st petitioner/Saifullah Raufi and 2nd Respondent/Shayika Ahmed got married at Kanpur, U.P. on 02.10.2004 according to Muslim rites and customs. Their matrimonial life failed resulting in the parties getting estranged. Shayika Ahmed lodged a complaint with the 1st Respondent Police which was registered as Crime No. 1168/2005 and final report in C.C. No. 4590/2006 was filed before the IX M.M. Saidapet Court, Chennai against Saifullah Raufi and his parents. Both the parties resolved their disputes and they entered into an memorandum of understanding on 26.06.2013 at Chennai and agreed to implement certain terms and conditions. Based on the said MOU, the 1st Petitioner/Saifullah Raufi filed the above quash petition in Crl. O.P. No. 17491/2013 to quash the Criminal prosecution in C.C. No. 4590/2006. While the matter was pending with the Mediation Centre, both the parties have implemented the terms and conditions agreed to in the MOU dated 26.06.2013. In Clause ''F'' of the said MOU, the 1st Petitioner/Saifullah Raufi had agreed to pay a sum of Rs. 15 Lakhs to 2nd Respondent/Shayika Ahmed which has now been enhanced to Rs. 17 Lakhs in the Mediation proceedings.

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

The Petitioners and the 2nd Respondent agreed to settle the dispute amicably.

1st Petitioner/Saifullah Raufi has given a cheque for Rs. 17 Lakhs bearing No. 000002 dated 07.09.2013 drawn on Standard Chartered Bank, Kanpur in favour of the Shayika Ahmed. A photo copy of the cheque is enclosed. The 2nd Respondent/Shayika Ahmed acknowledged the receipt of the same.

The 2nd Respondent/Shayika Ahmed consents for quashing the Charge Sheet in C.C. No. 4590/2006 on the file of IX M.M. Saidapet Court, Chennai in Crime No. 1168/2005 on the file of the 1st Respondent/The Inspector of Police, W20, Saidapet All Women Police Station, Chennai-15.

1st Petitioner/Saifullah Raufi/Ex-Husband and 2nd Respondent/Shayika Ahmed/Ex-Wife, hereby confirm and acknowledge the validity of the Triple Talaq pronounced on 18.05.2005 at Kanpur by 1st Petitioner/Saifullah Raufi/Ex-Husband which was communicated to the 2nd Respondent/Shayika Ahmed/Ex-Wife by Advocate''s notice dated 19.05.2005 and the Validity of which was confirmed by Masood Hasan Hasani, Daul Ifta Nadwatul Ulama, Lucknow vide his communication No. 23111/17427. The Original of this confirmation has been given to the 2nd Respondent/Shayika Ahmed/Ex-Wife, who may now use the same for deletion of the name of Saifullah Raufi in the Passport, Visa and other records. Both the parties confirm and declare that their marriage solemnized on 02.10.2004 stood dissolved by the pronouncement of Triple Talaq on 18.05.2005. Both the parties declare and confirm that the order passed by the Hon''ble High Court of Judicature at Madras in Crl. O.P. No. 17491/2013 incorporating these terms shall be conclusive legal evidence of the dissolution of Marriage between the parties for all legal purposes including but not limited to Passport, Visa and other records.

Both parties have hereby fully and finally settled all their claims against each other and hence no party shall make any future claim including property claims against the other.

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.