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2017 DIGILAW 750 (KAR)

Mohammad Sabu Kassim v. State of Karnataka

2017-04-13

ASHOK B.HINCHIGERI, K.S.MUDAGAL

body2017
ORDER : Ashok B. Hinchigeri, J. This petition is filed seeking the issuance of writ of habeas corpus by directing the respondents to trace and produce the petitioner's daughter, Sherin Sabu. 2. Sri Syed Khaleel Pasha, the learned Counsel for the petitioner submits that the detenue has been staying with the respondents 4 to 6. He submits that the respondents 5 and 6 are the parents of the respondent 4 and that the detenue is the finance of the respondent 4. 3. Seeing the elements of settlement, the matter was referred to the Bangalore Mediation Centre. The parties have arrived at the settlement under its aegis. The memorandum of settlement under Section 89 of Civil Procedure Code, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 reads as follows : I. The above writ petition is filed seeking a writ in the nature of habeas corpus directing the respondents to trace and produce Kum. Sherin Sabu D/o the petitioner herein from the custody of respondents 4 to 6 before the Hon'ble High Court of Karnataka. After the service of notice, the 3rd respondent produced Kum. Sherin Sabu before the Hon'ble High Court of Karnataka. II. The Hon'ble High Court of Karnataka after having found that there are elements of settlement in the above petition referred the same to the Bangalore Mediation Centre to find amicable solution to the problem. During the mediation, the petitioner-Mohammed Sabu Kassim and the respondents 4 to 6 i.e., Syed Shadab Ahmed, Syed Sajjad Ahmed, Gouherunnisa and Kum. Sherin Sabu and the learned Counsel have participated in the mediation process. In the course of mediation, they have resolved their disputes and have agreed to the following terms and conditions : 1. The petitioner herein is the father of Kum. Sherin Sahu. The petitioner-Mohammed Sabu Kassim states that he has no objection for Kum. Sherin Sabu to marry anybody of her choice after 31st December, 2017. Kum. Sherin Sabu and respondents 4 to 6 have no objection for the said proposal of the petitioner. 2. Kum. Sherin Sabu has agreed to join her parents and stay in her parents house with the condition that, the petitioner will not interfere in the personal life of Kum. Kum. Sherin Sabu and respondents 4 to 6 have no objection for the said proposal of the petitioner. 2. Kum. Sherin Sabu has agreed to join her parents and stay in her parents house with the condition that, the petitioner will not interfere in the personal life of Kum. Sherin Sabu and he will not curtail her liberty and freedom during her stay and shall create a conducive atmosphere for her to prosecute her studies with mental peace. The petitioner has agreed for the said condition. 3. The petitioner further agrees and undertakes that, he will not cause any harm to the life of respondents 4 to 6 and he will not interfere in their lives. Likewise, the respondents 4 to 6 agree and undertake that they will not cause any harm either to the life of the petitioner or to his family members. 4. The petitioner agrees to handover all the educational and the Government and I.D. records, Passport etc., of his daughter Kum. Sherin Sabu to her and shall further facilitate her for pursuing her desired education, in the desired college at Bengaluru. 5. The respondents 1, 2 and 3 being the State and other authorities have not been arraigned as parties to the above settlement agreement. 6. In view of mediation, the petitioner hereby withdraws all the allegations made against the respondents 4 to 6 i.e., Syed Shadab Ahmed, Syed Sajjad Ahmed and Gouherunnisa in the petition. III. In view of the settlement entered into between the parties, the parties pray that, the Hon'ble High Court may be pleased to dispose of the above writ petition and pass appropriate orders, in terms of the above agreement. IV. Parties have agreed to move the Hon'ble High Court of Karnataka and report the settlement for passing necessary/appropriate orders in terms of the agreement. 4. The memorandum of settlement is signed by the petitioner, respondents 4, 5 and 6 and their respective learned Advocates. They are present before the Court. They and their signatures are identified by their respective learned Advocates. The parties state that they have entered into the settlement of their own volition and without any duress from anybody. 5. Recording the settlement, the terms of which are extracted herein above, we dispose of this petition.