Saravanan v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2019
CORAM:
THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR H.C.P.No.2564 of 2018 Saravanan .. Petitioner Vs.
1.State rep. by its The Superintendent of Police Vellore District.
2.State, rep by its The Inspector of Police Arakkonam Town Police Station Vellore District.
.. Respondent Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the bodies of petitioner's wife Pushpalatha, aged about 25 years, 1st son Siddharth, aged about 2 1⁄2 years and 2nd son Sezhiyan, aged 3 month baby, before this Court and set them at liberty forthwith. For Petitioner .. Mr.D.Dayalan For Respondent .. Mr.C.Iyyappa Raj Additional Public Prosecutor
ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J) The petitioner alleging that the detenue, who is his wife was missing along with his two children, from 07.10.2018, and on a complaint being lodged before the second respondentpolice, who has registered an FIR on 20.10.2018 in Crime No.615 of 2018 under "woman missing & boy missing" and no effective steps were taken by the respondent-police to secure them, came forward to file this Habeas Corpus Petition.
2. On 11.12.2018, the detenue and the minor children were produced before this Court and the matter was referred to Mediation. The Tamil Nadu Mediation and Conciliation Centre (TNMCC), High Court, Madras, has filed a Mediation Report dated 12.12.2018, enclosing the settlement arrived between the parties on 12.12.2018, which reads as follows :
" 6. The following settlement has been arrived at between the parties hereto:
A. Both are agreed to lead their matrimonial life from 13.12.2018 residing at A.Wing, No.7, Jari Mari Colony, Chinchpada Gaon, Chinchpada Kalyan East, Kalyan, State of Maharashtra.
B. The petitioner Saravanan undertakes, in future he will not ill-treat, cruelty or harrass his wife Pushpa Latha.
7. By signing this Agreement, the parties hereto state that they have no further claims or demands against each other with respect to H.C.P.No.2564 of 2018 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of conciliation mediation."
The terms of settlement entered into between the parties in the Settlement Agreement dated 12.12.2018, is recorded and taken on file.
3. It is also brought to the knowledge of this Court that, FIR in Crime No. 615 of 2018 on the file of Arakkonam Town Police Station, Vellore District, has been closed, based on the settlement arrived between the petitioner and the detenue.
4. In the light of the said development and recording the above Settlement Agreement, nothing survives for further adjudication and therefore, this Habeas Corpus Petition is closed.
Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar ds
To:
1.The Superintendent of Police Vellore District.
2.The Inspector of Police Arakkonam Town Police Station Vellore District.
3.The Public Prosecutor High Court, Madras.
H.C.P.No.2564 of 2018 GJ II(CO) GN(10/05/2019)