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Antony vs State Of Kerala

High Court Of Kerala|12 November, 2014
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JUDGMENT / ORDER

Mohanan, J Alleging that the wife of the petitioner is under the illegal custody of respondents 6 and 7, the petitioner preferred the above writ petition with the following prayers:
i. Issue a writ of habeas corpus or any other appropriate writ, order or direction, directing respondents 2 to 5 to trace out the body and person of Shamla who is unlawfully detained and held in illegal custody against her free will and consent by the 6th and 7th respondents.
ii. Issue a writ of habeas corpus or any other appropriate writ or direction, directing and commanding the respondents 2 to 5 to produce the person of Shamla, before this Court and further release her from the unlawful detention and illegal custody of the
W.P(Crl).449/14-S :2:
6th and 7th respondents.
iii. Issue an appropriate writ in the nature of habeas corpus or otherwise directing respondents 2 to 5 to release Shamla from the illegal custody and unlawful detention.
2. When the above matter came up for admission and while admitting the writ petition, we ordered notice to respondents 6 and 7 and they were directed to produce the wife of the petitioner before this Court on 7/11/2014. Accordingly, the so called detenue has appeared before us on 7/11/2014 and the petitioner was also present. By order dated 7/11/2014, as we had seen some possibility to settle the matter, we referred the matter for mediation on the same day. Thereafter, the Nodal Officer, Ernakulam Mediation Centre, by his letter dated 7/11/2014, has reported that the matter is mediated and settled and forwarded the Memorandum of Settlement arrived and. The Memorandum of Settlement filed under Section 89 of the C.P.C. r/w Rules 24 & 25 of the Code of Civil Procedure (Alternative Dispute Resolution), Rules, 2008, forwarded by the Nodal Officer, forms part of this writ proceedings.
3. The learned counsel for the petitioner as well as the
W.P(Crl).449/14-S :3:
contesting respondents submitted that this writ petition can be disposed of by incorporating the terms in the settlement.
4. We record our satisfaction that the parties to the dispute have settled the issues between them as evidenced by the settlement referred above.
In the result, recording the above settlement and in terms of such settlement this writ petition is disposed of.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.
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Title

Antony vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
12 November, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • A A Ziyad Rahman
  • Sri Lal K Joseph
  • Sri
  • V S Shiraz Bava
  • Sri Joseph Kurian
  • Vallamattam