1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CRL.R.C.(MD)No.118 of 2011 and M.P.(MD).Nos.1 and 2 of 2011 1. Mosus Maxual 2. Arphutham 3. Martin 4. East Mosus 5. Paul ... Petitioners/Accused Vs. The State represented by the Inspector of Police, All Women Police Station, Tallakulam, Madurai City, (Crime No.1 of 2010) ... Respondent/Complainant Prayer: Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C. against the order dated 02.09.2010 made in Cr.M.P.No.56 of 2008 in S.C.No.262 of 2007 on the file of Sessions Court (Mahila Court), Madurai. For Petitioners : M/s. A.Padmanaban For Respondent : Mr.P.Kandasamy, Govt. Advocate (Crl.side) Ms.S.Vijayashanthi for defacto complainant O R D E R The petitioners are accused in S.C.No.262 of 2007 pending on the file of Mahila Court, Madurai. The first petitioner/first accused is facing prosecution for the alleged commission of the offences under Sections 417, 376 and 498(A) I.P.C. and the petitioners 2 to 5, who are arrayed as A2 to A5 are facing prosecution for the alleged commission of the offences under Sections 406, 506(ii) r/w. 149 I.P.C. and all the accused were also charged under Section 4 of Tamil Nadu Women Harassment Act. 2. The petitioners filed Crl.M.P.No.56 of 2008 under Section 227 of Cr.P.C. praying for discharge and the Mahila Court, Madurai vide order dated 02.09.2010, has dismissed the said petition. Challenging the vires of the said order, the present revision is filed. 3. Pendency of this revision, the matter has been referred for mediation before the Tamil Nadu Mediation and Conciliation Centre, Madurai Bench of Madras High Court and the matter has entered in compromise. In this regard, the Tamil Nadu Mediation and Conciliation https://hcservices.ecourts.gov.in/hcservices/ 2 Centre, Madurai Bench of Madras High Court, Madurai has also sent a report dated 15.06.2011, wherein it has been stated that the victim/de- facto complainant has received a Demand Draft bearing No.003521 dated 14.06.2011 drawn on IDBI for a sum of Rs.4,00,000/- and also received a cash of Rs.10,000/- in order to aggregating a sum of Rs.4,10,000/- towards full and final settlement and it is represented that the de-facto complainant has also received the Demand Draft and a sum of Rs.10,000/-. It is further stated in the said report that the de-facto complainant also agreed to withdraw the case in M.C.No.49 of 2005 which is pending on the file of Family Court, Madurai and also S.C.No.262 of 2007 on the file of Mahila Court, Madurai and it has been further stated that the de-facto complainant has also agreed to keep the custody and maintain two female children in future and that the petitioners/accused also undertaking not to claim any rights in respect of the above said female children in future and both parties mutually agreed to sever their relationship with each other. The said report dated 15.06.2011 is placed on record. 4. The Court heard the submission of the learned counsel for the petitioners and the learned Government Advocate (Crl.side) and the learned counsel appearing for the de-facto complainant also. 5. This Court taking into consideration the above said report is passing the following order: In the result, the Criminal Revision is allowed and the impugned order dated 02.09.2010 made in Crl.M.P.No.56 of 2008 in S.C.No.262 of 2007 on the file of Mahila Court, Madurai is set aside and consequently, the accused are discharged and acquitted of the offences for which they are charged. Consequently, the connected Miscellaneous Petitions are closed. SETTLEMENT AGREEMENT XEROX COPY ENCLOSED akv Sd/- Assistant Registrar[P&A] /True copy/ TO Sub Assistant Registrar 1. The Sessions Court (Mahila Court), Madurai. 2. The Inspector of Police, All Women Police Station, Tallakulam, Madurai City. 3. The Presiding Officer/Family Court, Madurai. 4. The Presiding Officer/Mahila Court, Madurai. 5. The Co-ordinator, Tamil Nadu Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai. 6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.A.Padmanaban, Advocate SR.No.18705. Crl.R.C.(MD)No.118 of 2011 DATED:16.06.2011 2P/8C RPB 17.06.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/