MANISH KUMAR v. STATE OF HARYANA AND OTHERS
Case Details
CRWP-11657-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 294 CRWP-11657-2025 Date of decision: 10.11.2025 MANISH KUMAR .... PETITIONER(S) VERSUS STATE OF HARYANA AND OTHERS ...RESPONDENT(S) CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Ritesh Tomar, Advocate for the petitioner(s). Mr. Ved Parkash, Senior DAG, Haryana. Mr. Vaibhav Prashar, Advocate for respondent Nos.4 and 5. **** JASJIT SINGH BEDI, J. (Oral) The prayer in the present petition under Article 226 of the Constitution of India is for the issuance of a writ in the nature of Habeas Corpus, and for appointment of a Warrant Officer, with a roving writ to search for the detenue namely Tanvi Jakhar D/o Manish Kumar aged about 10 years R/o Near Neem Wale, Sarpanch, Mandkol (53), Palwal, Haryana. 2. When the matter came up for hearing on 06.11.2025, this
Legal Reasoning
Court directed the respondent-mother to produce Ms. Tanvi Jakhar, daughter of the petitioner. In furtherance of the same, Ms. Tanvi Jakhar was produced before the Court. The case was referred to the Mediation and Conciliation Centre of this Court, whereby a compromise has been arrived at between the parties. KUSUM 2025.11.11 11:14 I attest to the accuracy and integrity of this document PHHC Chandigarh CRWP-11657-2025 2 3. The terms of the settlement/agreement are reproduced below:- “MEDIATION AND CONCILIATION CENTRE OF PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Mediation Case No. _________of 2025 Re: CRWP-11657 of 2025 Manish Kumar Vs. State of Haryana and others Present:- Manish Kumar-Petitioner along with counsel Mr. Rahuldeep Singh, Advocate for Mr. Ritesh Tomar, Advocate. Sundari-Respondent No.4 along with counsel Mr. Vaibhav Parashar, Advocate. *** SETTLEMENT/AGREEMENT This SETTLEMENT-AGREEMENT is entered into between Manish Kumar aged about 38 years, son of Dharam Singh, resident of near Neem Wale, Sarpanch, Mankol (53), Palwal, Haryana-121102. Aadhar No.5250 6843 0376 ...First Party AND Sundari wife of Manish Kumar, resident of Village Mujesar, Tehsil Gochhi, District Faridabad. Aadhar No.2966 4215 8295 ...Second Party on this day 10th day of November, 2025 WHEREAS 1. The case of the petitioner is that the petitioner-Manish Kumar-first party and respondent No.4-Sundari-second party got married on 18.02.2011. From this wedlock, two daughters named Tanvi Jakhar, aged about 10 years born on 15.05.2014 and Himanya Jakhar was born on 06.12.2017. Daughter namely Tanvi Jakhar (detenue) is KUSUM 2025.11.11 11:14 I attest to the accuracy and integrity of this document PHHC Chandigarh CRWP-11657-2025 3 living with the second party/respondent No.4 and daughter namely Himanya Jakhar is living with the first party/petitioner. The dispute arose between both the parties and the second party is living in a Live-In relationship with respondent No.5- Shravan Kumar since 15.04.2025 along with minor daughter namely Tanvi Jakhar, daughter. 2. The first party/petitioner being aggrieved against the detenue being taken away by the second party has filed the present petition bearing No. CRWP- 11657 of 2025 against the respondents under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus and for appointment of a Warrant Officer, with a roving writ to search for the detenue namely Tanvi Jakhar. 3. The above-said matter was referred to Mediation & Conciliation Centre by the Hon'ble High Court vide order dated 10.11.2025. 4. That Mr. Birinder Singh Khehar, Advocate was appointed as Mediator in the present case. 5. Joint and separate sessions were held with both the parties along with their respective family members and their Counsels in the presence of the undersigned Mediator during the process of mediation. 6. The parties hereto confirm and declare that with the assistance of the Mediator they have voluntarily, without any undue influence and coercion and of their own free-will arrived at an amicable Settlement/Agreement in the presence of the Mediator to resolve the present dispute between the parties. 7. As informed by the parties, apart from the present CRWP, there is no other case pending between the parties. 8. The other respondents, who are arrayed as respondents in the said petition, respondent No.1 is the KUSUM 2025.11.11 11:14 I attest to the accuracy and integrity of this document PHHC Chandigarh CRWP-11657-2025 4 State, respondents No.2 and 3 are the police officials and respondent No.5 namely Shravan Kumar is living in a Live- In relationship with respondent No.4 as per his affidavit Annexure P-2 dated 26.08.2025. Hence, they are not impleaded as party in this Settlement/Agreement as they have no role to resolve the present dispute. 9. The following Settlement/Agreement has been arrived at between both the parties hereto: a) It is mutually agreed between the parties that the second party/respondent No.4 has agreed to grant visitation rights of the detenue Tanvi Jakhar with the first party/petitioner. b) It is also mutually agreed between the parties that the first party/petitioner has agreed to grant visitation rights of the daughter namely Himanya Jakhar living with him with the second party/respondent No.4. c) It is mutually agreed between the parties that the said visitation will be twice a week i.e. on every Wednesday and Sunday at Pebble Mall, Sector 12, Faridabad from 10 A.M. to 5 P.M. d) It is mutually agreed between the parties that both the parties shall co-operate during the said visitation and shall maintain peace and harmony during the said visitation. 10. The present settlement/agreement has been reached between the parties without any pressure and undue influence and both the parties have agreed to abide by the terms and conditions of the present settlement/agreement. Both the parties shall remain bound by the terms and conditions of the present settlement/agreement. 11. It has been mutually agreed between the parties that with the execution of the present settlement/agreement, the dispute with regard to illegal custody of the detenue namely KUSUM 2025.11.11 11:14 I attest to the accuracy and integrity of this document PHHC Chandigarh CRWP-11657-2025 5 Tanvi Jakhar shall stand settled. 12. It has been further decided between the parties that in case of necessity, both the parties shall be free to present the copy of the above compromise before any Authority or Court of Law, in case the same is required to witness the execution of the Settlement/Agreement to settle any pending controversy between the parties. 13. The parties have gone through the contents of the present Settlement/Agreement and the same have been explained to the parties in their vernacular language i.e. Hindi and after admitting the same as correct, have put their respective signatures. 14. The photo copy of the Settlement/Agreement is being handed over to both the parties. 15. The self attested photo copies of Aadhar Cards of both the parties are attached herewith as their identity proofs. First Party Manish Kumar-Petitioner _____________ Mr. Rahuldeep Singh, Advocate for ____________ Mr. Ritesh Tomar, Advocate Counsel for the petitioner Second Party Sundari-Respondent No.4 Mr. Vaibhav Parashar, Advocate Counsel for respondent Nos.4 & 5 10.11.2025 SK Arora (Birinder Singh Khehar) Mediator” 4. A copy of the settlement/agreement arrived at between the parties is taken on record. KUSUM 2025.11.11 11:14 I attest to the accuracy and integrity of this document PHHC Chandigarh CRWP-11657-2025 6 5. In view of the compromise arrived at between the parties, no further orders are required to be passed by this Court. 6.
Decision
Disposed of. All the pending miscellaneous applications, if any, stand disposed of. 10.11.2025 Kusum (JASJIT SINGH BEDI) JUDGE Whether speaking/reasoned:- Yes/No Yes/No Whether reportable:- KUSUM 2025.11.11 11:14 I attest to the accuracy and integrity of this document PHHC Chandigarh