MASTER ADVIK YADAV THRU. HIS MOTHER AMRITA YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS
HABC/133/2025 · 2025-10-27
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 194797 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194797 (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. - 133 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State as well as learned counsel for the private opposite party No.4 and perused the record. 2. This Habeas Corpus petition has been filed seeking following main relief (s) :-
"A writ, order or direction in the nature of habeas carpus directing to the opposite party No. 4 to produce the carpus before this hon'ble court, and after examining the veracity of the detention, the opposite parties may be directed to provide the custody of child to the petitioner, in the interest of justice and child's welfare"
3. It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 09.05.2025 referred the matter to Mediation and Conciliation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. 4. It also appears that in compliance of order of this Court dated 09.05.2025, a SETTLEMENT AGREEMENT has been entered into between the parties on 19.08.2025 thereby indicating that the parties were Versus Counsel for Petitioner(s) : Parashu Ram Kanaujia, Abhay Mani, Kuldeep Kumar, Shravan Kumar Counsel for Respondent(s) : G.A., Snigdha Singh Master Advik Yadav Thru. His Mother Amrita Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Respondent(s)
present and they have admitted that they have entered into an agreement voluntarily. 5. The relevant contents of the SETTLEMENT AGREEMENT are extracted hereunder:-
"The following settlement has been arrived at between the Parties hereto: A) That the parties have decided to live together, at Lucknow or any other place mutually agreed, alongwith their son Master Advik Yadav 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 to each other and each other's family members. C) That the Second Party has agreed to allow to the First Party to visit her parents' home with mutual consent and understanding of them. D) That the parties have also agreed that no family member of either of the parties will be allowed interfere in their peaceful living.
E) That both the parties have agreed they shall not indulge in mental or physical cruelty against each other. F) That the parties have agreed that the Second Party shall co- operate to the First Party to get a job and continue the same. G) That the Second Party has agreed to bear the financial responsibilities of the First Party/wife and their son Master Advik Yadav. H) That the Second Party has agreed to withdraw/not to pursue the cases filed by him against the First Party. He has further agreed that he shall have no objection if following cases are decided in terms this settlement agreement: (i) Matrimonial Case No.73 of 2024 (Hansraj Yadav Vs. Amrita Yadav) U/S 13 of Hindu Marriage Act 1955 pending before Principal Judge Family Court Lucknow. (ii) Case No. 406 of 2022 U/S 9 of Hindu Marriage Act filed HABC No. 133 of 2025 2
before Principal Judge Family Court Gazipur. I) That the parties have agreed that they shall not have any objection if the HABEAS CORPUS WRIT PETITION No.133 of 2025 (Master Advik Yadav Thru. His Mother Amrita Yadav Vs State of U.P. & Others) is decided by the Hon'ble High Court in terms of this Settlement Agreement. J) The parties have agreed that apart from 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. K) 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. L) 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. By signing this Agreement the Parties hereto state that they have no claims or demands against each other with respect to HABEAS CORPUS WRIT PETITION No. 133 of 2025 (Master Advik Yadav Thru. His Mother Amrita Yadav 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."
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 27, 2025 ML/- HABC No. 133 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench