IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 16.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.207 of 2017 P.Maran .. Petitioner Vs
1. The State rep by the The Superintendent of Police, Kancheepuram District
2. The Inspector of Police, Cheyyur Police Station, Kancheepuram District
3. Duraibabu .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or any other appropriate Writ, Order or Direction in the nature of Habeas Corpus, directing the second respondent to produce before this Court, the detenu herein namely, Danush, S/o Maran, aged about 14 years and hand over his custody to the petitioner.
For Petitioner : G. Magesh Kumar For R.1 and R.2 : Mr.V.M.R. Rajendren Addl. Public Prosecutor For R.3 : Mr.Mohanakrishnan ORDER (Order of the Court was made by ANITA SUMANTH,J.,) This petition is filed by one P. Maran, seeking the production of his son, by name Danush, aged 14 years, allegedly taken and illegally detained by the third respondent, his father-in-law. He would state that owing to strained relation with his wife, the two had been living separately. He would further allege that on 26.01.2017 at 3.00 p.m, the third respondent along with his henchmen and creditors approached him, threatened him and took his son by force.
2. A complaint was lodged on 27.01.2017 stating that his son was missing from 26.01.2017 at 3.00 p.m and has not been seen by him thereafter.
3. When the matter was taken up for hearing on 13.03.2017, after hearing the parties, this Court referred the dispute to Mediation being of the view that the matter could be settled amicably. The matter was directed to be listed for hearing and for the report of the Mediator on 15.04.2017.
4. Today, when the matter was taken up for hearing, we are informed that the matter stands resolved between the parties. The Mediation Interim Agreement arrived at between the parties reads as follows:
“Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:
1. Both parties have arrived at an amicable settlement.
2. Both parties have agreed to live together as husband and wife along with their children.
3. The petitioner/father has agreed to rent a house at the vicinity of Mudaliarkuppam Village to start their family life on or before 27.03.2017.
4. Both the parties agree that today their young son detenue minor Dhanush shall go along with his father to Edaikazhinadu, Mudaliarkuppam, Cheyyar Taluk.
5. The Defacto Complainant/Wife has agreed to withdraw the complaint pending before the respondent/Inspector of Police, All Women Police Station, Melmaruvathur, Kancheepuram District on or before 25.03.2017.
6. Both the parties have agreed that no further or other claims filed or pending before any authority against each other.
7. The matter is adjourned to 27.03.2017 at 3.00 p.m for reporting compliance.
5. In view of the settlement arrived at between the parties and recording the same, the habeas corpus petition is closed.
Speaking order/Non-speaking order Index : Yes/no Internet : Yes/no sr To (S.N.J.,) (A.S.M.J.,) 16-03-2017
1. The Superintendent of Police, Kancheepuram District
2. The Inspector of Police, Cheyyur Police Station, Kancheepuram District 4.The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J., AND ANITA SUMANTH,J., sr Order in H.C.P.No.207 of 2017 16-03-2017 http://www.judis.nic.in