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2026 DAILYLAW 58562 (MAD)

S.Thavamani v. M.S.Kamali

CRL OP(MD)/4814/2026 · 2026-07-28

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD).No.4814 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.4814 of 2026 and Crl.M.P(MD) Nos.5164 and 5165 of 2026 1.S.Thavamani 2. N.Rajeshwari ...Petitioners/Respondents 2 & 3 Vs M.S.Kamali ... Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the D.V.C proceedings in D.V.O.P.No.175 of 2025 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai and to quash the same as illegal in so far as the petitioners are concerned. For Petitioners : Mr.P.Gopinath For Respondent : M/s.N.Kamala Jayanthi 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4814 of 2026 ORDER The present petition has been filed by the respondents 2 and 3 in D.V.O.P.No.175 of 2025 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, seeking to quash the domestic violence complaint. 2. When the matter was pending, it was referred to Mediation and Conciliation Centre attached to this Bench and the parties have settled the matter before the mediation on 02.07.2026. The settlement arrived at between the parties has been recorded. Paragraph Nos.6 and 7 of the Mediation Report are extracted as follows: “6. The following settlement has been arrived at between the parties hereto: A. The 1st party has filed petition for divorce in H.M.O.P.No.792/2025 against the 2nd party before this Hon'ble Family Judge, Madurai and the same stands posted on 13.08.2026. Similarly the 2nd party has filed D.V.C.No.175 /2025 before the Hon'ble Additional Mahila Judge, Madurai against the 1st party, his mother and elder sister and the same stands posted on 31.07.2026. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4814 of 2026 B. In view of that all the Sridhana Articles presented by the 2nd party to the 1st party at the time of marriage is returned back by the 1st party to the 2nd party today on 02.07.2026 and the 2nd party has received the same in good condition. That both parties agree to file petition for mutual divorce before the Hon'ble Family Court, Madurai. On the day of final hearing of the above mutual divorce petition the 1st party agreed to return back the 6 sovereign gold chain, 2 Sovereign gold bracelet and ¾ Sovereign of gold (Gundu for Mangalyam) presented during marriage to the 2nd party. Similarly the 2nd party agreed to return back the ½ sovereign gold ring presented during marriage to the 1st party. The 1st party also agreed to return back Rs.2,00,000/- (Rupees Two Lakhs) received from the 2nd party at the final hearing of mutual divorce petition. 7. By signing this Agreement the parties hereto state that they have no further claims or demands against each other with respect to Crl.O.P(MD) No.4814/2026 in Crl.M.P(MD) No.5164/2026 and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of conciliation/Mediation.” 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4814 of 2026 3. In view of the above said settlement reached between the parties in the Mediation, this Court is inclined to pass the following order: a) D.V.O.P.No.175 of 2025 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, stands quashed;and b) Pursuant to the settlement, the parties have filed H.M.O.P.No.1091 of 2026 before the Family Court, Madurai, seeking divorce by mutual consent. Without waiting for the six months cooling period, the same shall be disposed off on or before 31.08.2026. 4. With the above said observations, this Criminal Original Petition is disposed of. Consequently connected Miscellaneous Petitions are closed. 28.07.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4814 of 2026 To 1. The Family Court, Madurai. 2. The Judicial Magistrate, Additional Mahila Court, Madurai. 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. R.VIJAYAKUMAR,J. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4814 of 2026 ebsi Crl.O.P(MD)No.4814 of 2026 28.07.2026 6/6 https://www.mhc.tn.gov.in/judis