IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2019 PRESENT :
THE HON’BLE MR.JUSTICE K.N.PHANEENDRA AND THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY WRIT PETITION (HC) No.32 OF 2019 BETWEEN:
Clement P. S/o Peter, Aged about 50 years, Working as GDS MP Lakshmipuram Post Office, Mysuru-4, Resident of No.2765/2, 5th Cross, Mederakeri, K.R.Mohalla, Mysuru – 570 004. .. Petitioner (By Sri. H.M.Umesh, Advocate ) AND:
1. The State of Karnataka Represented by its Principal Secretary, Department of Home, Vidhana Soudha, Bengaluru – 560 001.
2. The Commissioner of Police, Mysuru City, Mysuru-570 010.
3. The Deputy Commissioner of Police (L & O), Mirza Road, Nazarbad Mohalla, Ittige Gudu Post, Mysuru-570 010.
4. The Sub-Inspector of Police, K.R.Police Station, Mysuru-570 004.
5. Roselin @ Rajamma, Aged Major, W/o. Clement.P.
6. Mariyamma, Age Major, 7. James, Major, Respondents 5 to 7 Are R/at Medarakeri, K.R.Mohalla, Mysuru-570 004. .. Respondents (By Sri. Sandesh J. Chouta, Additional Advocate General, along with Sri. S.V. Giri kumar, HCGP for R-1 to R-4; Sri. Mohan Kumar S.V. Advocate for R-5 and R-6) This Writ Petition (Habeas Corpus) is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents Nos.2 to 4 to immediately trace the minor daughter of petitioner Kum.Sinchana C., aged about 9 years and produce before this Hon’ble High Court.
This Writ Petition (Habeas Corpus), coming on for Orders this day, K.N.PHANEENDRA, J., made the following:
ORDER The Mysuru Mediation Centre submitted a report under Section 89 of Civil Procedure Code read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, reporting that while entering in to some terms and conditions as narrated in the Memorandum of Settlement, the parties have entered into a compromise.
2. We record the said compromise after ascertaining from the parties who are present before the Court that they had entered into such compromise without any force or coercion, and the said compromise appears to be voluntary between the parties. Under the above said circumstances, there is no reason to reject the said Memorandum of Settlement.
3. Hence, the compromise entered into the parties by way of Memorandum of settlement is hereby accepted. Consequent to the terms between the parties, this Petition does not survive any more as the parties have submitted before the Court that they are happily decided to reside together hereafter.
Hence, recording the submission and also in view of the Memorandum of Settlement, the Petition stands disposed of.
Sd/- JUDGE Sd/- JUDGE bk/