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2025 DAILYLAW 194761 (ALL)

KARTIK THRU. HIS MOTHER SMT. RICHA DWIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. U.P. AND 4 OTHERS

HABC/115/2025 · 2025-10-15

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 115 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties and gone through the record. 2. The present petition has been preferred seeking following main relief(s):- "1. यह िक कोई आदेश या िनदरॏश जो बंदी ्ऺत्य्षीकरण की ्ऺकृ ित का हो, को िनगर्त करते हुए िक इस न्यायालय के सम्ष यािचकाकतार् के पु्ऴ काितक (िशशु) को ्ऺस्तुत करने का आदेश या िनदरॏश िवप्षी संख्या-3 व 4 को जारी करने की कृ पा करें। 2. यह िक कोई आदेश या िनदरॏश जो बंदी ्ऺत्य्षीकरण की ्ऺकृ ित का हो, को िनगर्त करते हुए िक यािचककातर् के पु्ऴ काितक (िशशु) को िवप्षी संख्या 5 की िहरासत से छु ड़वाने व यािचकाकतार् के संवैधािनक आिधकार को ध्यान में रखकर पु्ऴ काितक (िशशु) की नैसिगक संर्षण को िदलवाने का आदेश या िनदरॏश जारी करने की कृ पा करें।" 3. It appears that on the basis of the submissions made by the learned counsel for the parties, this Court vide its order dated 18.07.2025 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. The order dated 18.07.2025 is extracted hereunder:- "1. Heard learned counsel for the petitioner, learned counsel for respondent no.5 as well as the learned A.G.A. for the State. 2. In compliance of order of this Court dated 09.07.2025, respondent no.5 along with detenue/minor namely Kartik has been produced before this Court by Sub Inspector - Sandeep Kumar, Police Station- Rahimabad, Commissionerte- Lucknow. 3. On being asked, both sides, i.e. petitioner and respondent no.5 stated that they are ready to settle the dispute amicably by way of mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court so as to carve possibility of amicable settlement of dispute between the parties. 4. In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on 29.07.2025. 5. List this case before this Court on 15.10.2025 alongwith mediation report." 4. It also appears that in compliance of order of this Court dated 18.07.2025, a SETTLEMENT AGREEMENT has been entered into between the parties on 26.09.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement/settlement voluntarily. Versus Counsel for Petitioner(s) : Kumar Gaurav Srivastav, Mohd. Azam Khan Counsel for Respondent(s) : G.A., Ashish Gaurav Pandey, Sandhya Singh Kartik Thru. His Mother Smt. Richa Dwivedi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And 4 Others .....Respondent(s) 5. The relevant contents of the SETTLEMENT AGREEMENT are extracted hereunder:- "6. The following settlement has been arrived at between the Parties hereto: (A) That both the parties have agreed to live together with love, affection, giving due respect to each other and taking good care of each other. (B) That both the parties have agreed to discharge their matrimonial obligations/duties and not to misbehave or harass each other in future. (C) That the Second Party has agreed to bear all the expenses of the First Party along with his mother(wife). (D) That both the parties have agreed to behave respectfully to the family members of each other and the family members will also not interfere in the peaceful married life of both the parties. (E) That both the parties have agreed to live together in a rented accommodation separate from the brother and mother of the Second Party. The parties have got the rent agreement today i.e., 26.09.2025 (F) That the parties have agreed to withdraw/not press/not to pursue the cases filed against each other. The details of the cases are as under: I. Complaint No. 7358/2024 Richa Dwivedi Vs Mahendra Pandey & Others U/s 12 DV Act pending in the Court of Chief Judicial Magistrate Custom, Lucknow II. Crime No. 19/2024 PS. Rahimabad, Lucknow, Chargsheet No. 38065/2025 pending in the Court of CJM(Custom), Lucknow. III. Suit Under Section 9 Hindu Marriage Act pending as R.S. No.2785/2023 Mahindra Pandey Vs Richa Dwivedi in the Court of VIII Addl. Principal Judge, Lucknow. Besides the above no other cases between the parties have been informed, if any other case is filed between both the parties the same shall be withdrawn by concerned party in terms of this agreement. (G) That both the parties understand, agree and further bind themselves that if either of the parties rescinds or does not follow the conditions stipulated herein above, such act shall entail appropriate legal action. H) That it is also agreed between the parties that neither they themselves nor any member of their respective families shall institute any case in the form of criminal or civil proceedings against each other or any of their relative or family members in future in respect of their marriage or any matter incidental thereto in any Forum/Court, and if any proceeding has already been initiated the same would get disposed of in terms of this settlement/agreement." 6. Considering the aforesaid as also the submissions made by learned counsel for the parties, the instant petition is disposed of in terms of the settlement/agreement entered into between the parties, which shall form part of this order. October 15, 2025 Arun/- HABC No. 115 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench