Debashish Das And 3 Others v. State Of U.P. And 5 Others

Heard Sri Manas Bhargava, learned counsel for the petitioner(s), Sri B.B. Upadhyay, learned counsel for the for the State and perused the record. Sri Anand Mani Tripathi, learned counsel for the respondent nos. 5 and 6 is not present even when the matter has been taken up in the revised list. This petition is of year 2017. This Court, therefore, deems it fit to proceed in the matter on the basis of the record with the assistance of the learned State counsel. The present writ petition under Article 226 of Constitution of India has been filed before this Court with the following prayers: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to-

Issue a writ order of direction in the nature of habeas corpus directing the respondent no.2 to 4 to produce the Corpus/Petitioner no.2,3 and 4 before this Hon'ble Court who is in illegal detention of respondent no.5 and 6 and to set them free in favour of petitioner no.1.

Issue any other suitable writ order or direction which this Hon'ble court may deem just fit and proper in the facts and circumstances of the case to meet the ends of justice. " The matter was referred to the Mediation Centre of this Court vide order dated 18.04.2018 for making an effort between the parties for settling their disputes amicably. As per the office report dated 30.06.2018 a report from the Mediation Centre of this Court is on record which is dated 06.09.2018 which states that mediation between the parties is successful. From perusal of the report of Mediation Centre of this Court, it appears that the mediation proceedings were taken up which ended in a settlement dated 06.09.2018 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute between them which is the subject matter of the present proceedings, in which, it has been decided that the petitioner no. 1 and 2 shall live together and spend their future life considering the welfare of the minor children. The petitioner no.1 has further assured that he shall take care of his wife who is the petitioner no.2 and the children being the petitioner no.3 and 4 in every manner whatsoever and provide them all the proper facilities for living. Petitioner no. 1 and 2 assure that they shall take care of each other and their children in every manner whatsoever. Petitioner no.1 has also assured of investing money for petitioner no. 3 and 4 and he has been depositing money since September 2017 in the account of petitioner no.2. Since the parties have settled their disputes and have decided to live together and the dispute arises out of matrimonial relationship which has ended on happy note of the whole family uniting and living together, no cause for the present petition survives. Accordingly, the present habeas corpus is dismissed. No order as to costs. Order Date :- 11.3.2022 M. ARIF (Samit Gopal, J.) ARIF Reason: Location: High Court of Judicature at Allahabad