(Order of the Court was made by RAJIV SHAKDER, J)
1. Mr.Kabir, learned Senior Counsel on instructions of Mr.Anand Sashidharan, learned counsel appearing for the petitioner and Ms.Shiek Meharunisha, learned counsel appearing for respondent No.3, i.e., the contesting respondent, submit that their respective clients have executed a Joint Memorandum of Compromise, (in short JMC), dated 18.09.2017, whereby, they seek disposal of the pending petition in terms thereof.
2. We have perused the JMC. JMC bears the signatures of the petitioner and respondent No.3 as well as their respective counsels.
3. According to us, while there is no difficulty with regard to Clause 1(b) to (l), clause 1 (a) of the JMC may require some modification. Clause 1 (a) states as follows:
a. The petitioner hereby agrees not to seek enforcement of his rights pertaining to the custody of the minor daughter Megan Grace Prakash through the above Habeas Corpus Petition or any other courts.
4. According to us, having regard to the nature of proceedings clause 1(a) of the JMC, as a matter of fact, denudes the Court of its power via an inter se agreement arrived at between parties. Since, the JMC has been filed in this Court, we have put to the learned counsel for the parties as to whether Clause 1(a) could be deleted and instead parties would agree to the disposal of the captioned petition in terms of the remaining clauses adverted to in the JMC.
5. Learned counsels submit that the needful could be done, as the substantive rights of the parties are indicated in Clause 1(b) to (l).
6. Accordingly, as prayed, the petition is disposed of in terms of Clause 1(b) to (l). The parties will abide by the terms of the JMC, as indicated above.