M. Madhani v. State By The Inspector of Police Kundrathur Police Station
2014-03-21
M.JAICHANDREN, M.VENUGOPAL
body2014
DigiLaw.ai
Judgment : M. Jaichandren, J. 1. This Writ of Habeas Corpus is filed praying to issue directions, directing the first respondent to bring and produce the detenu by name Sarvesh, 5 years, now detained by the second respondent before this Hon'ble Court and hand over his custody to the petitioner. 2. The matter was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 26.02.2014. 3. A communication, dated 04.03.2014, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, has been received, enclosing a copy of the Mediation Report, dated 26.02.2014, stating that the matter has been settled between the parties concerned, as per the terms cited in the Mediation Agreement, dated 26.02.2014. 4. As the parties have arrived at a settlement, in terms of the Mediation Agreement, dated 26.02.2014, this Habeas Corpus Petition is listed for passing orders. 5. The Mediation Agreement, dated 26.02.2014, signed by the parties, as well as their respective counsels, reads as follows :- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows : 1. Both the parties agree to live together and are willing to re-unite. The Petitioner / M.Madhani and the 2nd Respondent / E.Parthasarathy agree to settle the disputes between them amicably. 2. Both the parties undertake that hereafter they will not indulge in quarrels and assure that they will live together happily with their son, Sarvesh. 3. The Petitioner assures that for the sake of her son, she is ready to live with her husband/2nd Respondent. The husband/2nd Respondent also assures that in the future, he will not harass the Petitioner either physically or mentally, with these undertakings, both of them are willing to join together and live happily. 4. The Petitioner also agrees to withdraw her complaint given to the inspector of Police, Kundrathur Police Station, Kundrathur, Chennai against the 2nd Respondent. 6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 26.02.2014, this Habeas Corpus Petition is disposed of. The terms of the Mediation Agreement, dated 26.02.2014, shall form part of the record. No costs.