Saturday, May 24, 2014

IF husband and in laws want bail, PAY 18 LAKHS for your freedom!!. Classic & short Madras HC judgement !!

IF husband and in laws want bail, PAY 18 LAKHS for your freedom!!. Classic & short Madras HC judgement !!

Not only the hubby, his parents and his sister (?) are implicated in a criminal case. They have run for anticipatory bail The matter was promptly referred to mediation

"..........The 1st Petitioner (husband) agrees to pay a sum of Rs.18,00,000/-(Rupees Eighteen lakhs only) to the Defacto Complainant (wife) towards permanent alimony and the Defacto Complainant agrees for the same..................."


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Madras High Court

Moses Antony Durai vs The State Rep By Its Inspector Of ... on 23 August, 2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.8.2013

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN

Crl.O.P.No.1326 of 2013

1 MOSES ANTONY DURAI

2 BEMILA JEYAKUMARI

3 THOMAS ANTONY

4 SOFIA

(ALL ARE RESIDING AT 83/2(NEW NO.25)
MARKET LANE, KALADIPET, CHENNAI-19) [ PETITIONERS ]

Vs

THE STATE REP BY ITS INSPECTOR OF POLICE

ALL WOMEN POLICE STATION
TIRUVOTTIYUR
CHENNAI 19.

(CRIME NO. 2 OF 2013) [ RESPONDENT ]

This Crl.O.P. has been filed to enlarge the petitioners on anticipatory bail in the event of their arrests in connection with the Cr.No.2 of 2013 on the file of the respondent police. For petitioner : Mr.T.D.K.Govindarajan

For respondents : Mr.R.Prathapkumar

Government Advocate

M/s.OM.Sairam Associates

for defacto complainant

O R D E R

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.  http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

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 Honble Court. "  http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

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.  http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

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. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

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. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

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. 23.8.2013



To:

THE STATE REP BY ITS INSPECTOR OF POLICE
ALL WOMEN POLICE STATION
TIRUVOTTIYUR
CHENNAI 19.


M.JAICHANDREN J.,

lan

Crl.O.P.No.1326 of 2013
23.8.2013



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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist