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2025 DAILYLAW 178564 (ALL)

MASTER PIYUSH (MINOR SON) THRU. HIS MOTHER AND NATURAL GUARDIAN SMT. MAMTA PAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 5 OTHERS

/345/2025 · 2025-11-24

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 345 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard. 2. Instant petition has been filed for the following main relief:- "I. Issue a writ, order or direction in the nature of Habeas Corpus commanding/directing the opposite parties to produce the detenues/petitioners before this Hon'ble Court and hand over the custody of both the minor children namely Master Piyush and Master Sarthak to her mother. II. Issue any other writ, order or direction in favor of the petitioners which the Hon'ble Court may deem fit and proper as per the facts and circumstances of the case so as to secure the ends of justice." 3. In view of Deed of Settlement dated 18.11.2025 entered into between the parties, this Court is of the view that present petition is liable to be disposed of in terms of settlement. Relevant portion of the Deed of Settlement dated 18.11.2025 is extracted here-in-under:- "A) That the parties have decided to live together, along with their sons, happily and peacefully and to perform their matrimonial obligations with utmost respect, love and affection towards each other. B) That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehavior or harassment of each other and each others' family members. C) That both the parties have agreed not to indulge in cruelty, mental or physical against Versus Counsel for Petitioner(s) : Saud Rais, Mohd. Shadab Siddiqui Counsel for Respondent(s) : G.A., Vijay Kumar Master Piyush (Minor Son) Thru. His Mother And Natural Guardian Smt. Mamta Pal And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 5 Others .....Respondent(s) each other and they will take good care of each other. D) That the parties have agreed that they shall be allowed to visit each other's parents house with mutual consent and understanding. The family members of respective parties can also visit the house of both the parties. The parties have also agreed that no family member of either of the parties will interfere in their peaceful matrimonial family life. E) That the parties have agreed to take good care of their Sons namely Master Piyush aged about 5 years and Master Sarthak aged about 4 years with regard to upbringing viz. maintenance, education, daily needs and all other responsibilities. F) That the parties have agreed that the husband will bear all the financial responsibilities of their children and wife. G) That the Second Party will continue the Insurance Policy No. 546262264 in the name of Master Piyush Pal and Insurance Policy No. 546262265 in the name of Master Sarthak Pal issued by LIC H) The parties have agreed that apart from above mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. I) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute. J) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court. 7. By signing this Agreement the Parties hereto state that they have no claims or demands against each other with respect to HABC 345 of 2025 (Master Piyush through his natural guardian Smt. Mamta Pal & Anr Vs State of U.P. & Others) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation." 4. Accordingly, the petition is disposed of in terms of aforesaid settlement. November 24, 2025 Vinay/- HABC No. 345 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench