Mr.S.Niranjan v. The Inspector Of Police

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-1-2015

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.No.2205 of 2014 S.Niranjan .. Petitioner.

Versus

1. The Inspector of Police (Crime) T3, Korattur Police Station, Chennai - 600 080.

2. Mrs.S.Renny Rebekha .. Respondents.

(Impleaded the 2nd Respondent as per the order of the court, dated 14.10.2014 in M.P.No.1 of 2014 in H.C.P.No.2205 of 2014) Prayer: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Habeas Corpus, to direct the respondents to produce Shreyaa (Jessica) aged about 9 years daughter of the petitioner before this Hon'ble Court and set her at liberty. For Petitioner : Mr.A.Laxmi Raj Rathnam For Respondents : Mr.A.N.Thambidurai, APP (R1) Mr.T.K.Rajasekaran (R2)

O R D E R

This Habeas Corpus Petition has been filed seeking to direct the first respondent to produce Shreyaa (Jessica), aged about 9 years, daughter of the petitioner, before this Hon'ble Court and to set her at liberty.

2. This Habeas Corpus Petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by this Hon'ble Court.

3. A communication, dated 23.1.2015, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 23.1.2015, has been received, and in the said Mediation Report, it is stated as follows:-

"Petitioner and 2nd Respondent appeared before the Centre along with the Child. 1st Respondent Police present. Parties arrived at an amicable settlement as per the Terms in the Mediation Agreement enclosed herewith. Hence the matter is sent back to the Hon'ble Court."

4. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 23.01.2015, this petition is disposed of in terms of the said Mediation Agreement.

5. The Mediation Agreement, dated 23.1.2015, signed by the parties and their respective counsels, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:

1. The petitioner/Father will be visiting London in August 2015 to see his daughter the minor child Ms.Jessica. On arrival at the London Aikrport, the common place for visitation will be informed by the 2nd Respondent/Mother. The present address of the 2nd Respondent is 26A, Chadwell Avenue, Romford - RM64QN - United Kingdon and her email addres - rennysimon@yahoo.com. If there is any change in the above details, the 2nd respondent undertakes to inform the petitioner.

2. The 2nd respondent/Mother has agreed to bring the child to India (Chenna) in the month of August from 2016 every yeaer till she attains majority.

3. The 2nd respondent/Mother will inform the Petitioner on her arrival in Chennai and the venue for visiting the child will be the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

4. The Petitioner has agreed that he will undertake to reimburse the Flight charges for the child whenever she comes to India."

6. In view of the submissions made by the learned counsel appearing for the parties concerned that the present Habeas Corpus Petition could be disposed of recording the terms of the agreement, dated 23.1.2015, entered into between the parties concerned before the Mediation and

Conciliation Centre, High Court of Madras, this Court finds it appropriate to pass an order closing the Habeas Corpus Petition recording the terms of the agreement, dated 23.01.2015. Accordingly, the Habeas Corpus Petition stands closed.

Csh Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To The Inspector of Police (Crime) T3, Korattur Police Station, Chennai - 600 080.

+2 C.C. To MR.A.Laxni Raj Rathnam, Advocate in SR.NO.4149 H.C.P.No.2205 of 2014 VSN(CO) sd : 03/11/2015