CHIRAG THRU. HIS MOTHER ROSHNI DEVI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
/355/2025 · 2025-11-19
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184412 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184412 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 355 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard. On 09.10.2025 this court passed the following order:-
"1. Mrs. Roshni Devi, duly identified by her counsel, mother of detenue no.1 to 3 namely Chirag aged about 5 years, Chhavi aged about 3 years and Minki aged about 1 year, is present before this Court. 2. The opposite party no.4 namely Deepak Kumar Rawat alias Pinku alongwith minors has been brought before this Court by Sri Narendra Kumar Bhartiya, Sub Inspector, Itaunja, District-Lucknow (Lucknow Commissionerate), Lucknow. 3. On account of some petty matrimonial dispute, Roshni Devi left the accompany of opposite party no.4, as appears from their statements made before this Court, and this dispute can be settled amicably and in this view of the matter this Court mediated in the matter and thereafter asked Mrs. Roshni Devi and opposite party no.4/Deepak Kumar Rawat to live together alongwith minors, named above, so that the dispute can be settled/resolved and in response both agreed. 4. In view of aforesaid, the case is adjourned for the day. 5. List this case on 28.10.2025. 6. The parties who are present before this Court today, shall appear again before this Court on the next date fixed. 7. It is provided that in the meantime, the Police Officer concerned would monitor the conduct of opposite party no.4/Deepak Kumar Rawat by visiting the place of residence of the family at least once in a week and ensure presence of the parties before this Court on Versus Counsel for Petitioner(s) : Manoj Kumar Pandey Counsel for Respondent(s) : G.A., Ramakar Shukla Chirag Thru. His Mother Roshni Devi And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s)
the next date of listing." On 28.10.2025 this Court passed the following order:-
"1. In terms of earlier order of this Court, Mrs. Roshni Devi, duly identified by her counsel, mother of detenue No.1 to 3 namely Chirag aged about 5 years, Chhavi aged about 3 years and Minki aged about 1 year, is present before this Court. The opposite party No. 4 namely Deepak Kumar Rawat alias Pinku alongwith minors has been brought before this Court by Sri Dhirendra Kumar Rai, Sub Inspector, Itaunja, District-Lucknow. 2.
Taking note of the statement(s) of the parties present before this Court, let the instant matter be placed before Mediation and Conciliation Centre of this Court on 03.11.2025, on which date, the parties shall remain present before the Mediation and Conciliation Centre of this Court. 3. List/put up this case before this Court on 19.11.2025 alongwith mediation report. 4. The parties who are present before this Court today shall appear again before this Court on the next date fixed." In terms of order of this Court dated 28.10.2025, parties appeared before the Mediation and Conciliation Centre of this Court (in short 'Centre') and at the Centre the parties have settled their dispute amicably, which is apparent from the Deed of Settlement dated 10.11.2025 signed by the parties concerned. The relevant portion is extracted here-in-under:-
"A) That the parties have agreed to continue to live together alongwith their children namely Master Chirag (son) with utmost respect, love and affection towards each other. B) That both the parties have agreed to discharge their matrimonial obligations/duties happily and peacefully without any kind of misbehaviour or harassment with each other and each other's family members. C) That the Second Party has agreed that the First Party shall be allowed to visit her parents with mutual consent and understanding between the parties. D) That the parties have also agreed that no family member of either of the parties will be allowed to interfere in their peaceful living. E) That both the parties have agreed that they shall not indulge in mental or physical cruelty against each other. F) That the parties have agreed that the Second Party/husband shall bear all the financial responsibilities of the First Party/wife, Master Chirag (son). HABC No. 355 of 2025 2
G) That the First Party has agreed that she will have no objection if the HABEAS CORPUS WRIT PETITION No.355 of 2025 (Chirag Thru.
His Mother Roshni Devi & Others Vs State of U.P. & Others) is decided by the Hon'ble Court in terms of this settlement agreement. H) The parties have agreed that apart from mentioned cases, 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 of 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 further claims or demands against each other with respect to the matter involved in HABEAS CORPUS WRIT PETITION No.355 of 2025 (Chirag Thru. His Mother Roshni Devi & Others Vs State of U.P. & Others) and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation." Taking note of aforesaid, present petition is disposed of in terms of Deed of Settlement dated 10.11.2025. November 19, 2025 Vinay/- HABC No. 355 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench