S.Dharani v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN S.Dharani

...Petitioner

Vs.

1.The Commissioner of Police Coimbatore City Coimbatore District.

2.The Inspector of Police C2 Race Course Police Station, Coimbatore District.

3.P. Ashok Kumar

...Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to produce the body and person of the petitioner's minor child by name Hakiraa, aged about 2 years 10 months, now under the illegal custody of the 3rd respondent before this Court and handover to the petitioner herein.

For Petitioner : Mr.S.Sathia Chandran For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind (for R1 and R2) M/s.A.V.Arun for M/s.Abinu Monisha for R3

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The main prayer in the present Habeas Corpus Petition is for a direction to the respondents to produce the petitioner's minor child and set her at liberty.

2. Pending to the Habeas Corpus Petition, we had referred the parties to the Tamil Nadu Mediation and Conciliation Centre (TNMCC), High Court, Madras, wherein both the parties have signed the settlement dated: 05.03.2024. One among the various clauses in the settlement is that the third respondent would permit the petitioner to visit her child once in a

month for three consecutive days, preferably during the weekends and shall have the care and custody of the child between 10.00 a.m. and 10.00 p.m., pending final orders in the G.W.O.P.No.139 of 2024 filed before the Hon'ble Principal Judge (Family Court) at Coimbatore.

3. In view of the amicable settlement arrived at between the parties, the grievance of the petitioner has been readdressed and hence, no further orders are required in the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition is closed.

4. Before parting with the case, we would like to express our appreciation to the commendable work of mediation taken up by the learned Mediator.

[M.S.R.,J.] [S.M.,J.] 07.03.2024 dk Index : Yes / No

Copy to:

1.The Commissioner of Police Coimbatore City Coimbatore District.

2.The Inspector of Police C2 Race Course Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH , J.

and SUNDER MOHAN, J.

dk 07.03.2024