Delhi High Court
Shelly Kaur vs The State (Nct Of Delhi) & Ors. on 5 January, 2021
#S-3
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On : 05.01.2021
W.P.(CRL) 1944/2020
SHELLY KAUR ..... Petitioner
versus
THE STATE (NCT OF DELHI) & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Avdhesh Kaushik, Advocate along with the petitioner Ms.
Shelly Kaur
For the Respondents : Mr. Rahul Mehra, Standing Counsel (Criminal) along with Mr.
Chaitanya Gosain, Advocate and Inspector Manoj Bhatia, PS-
Paschim Vihar for R-1 & R-2
Mr. Balvant Singh, R-3 in person.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
JUDGMENT
SIDDHARTH MRIDUL, J (Open Court - via Video Conferencing)
1. The present habeas corpus writ petition under Article 226 of the
Constitution of India read with Section 482 of the Code of
Criminal Procedure, 1973 instituted on behalf of the petitioner
prays as follows : -
"In view of the above facts and circumstances, it is most
respectfully prayed that this Hon'ble Court may graciously
be pleased to issue: -
(i) A writ of Habeas Corpus or any other writ, order or
directions thereby directing the respondents to
immediately produce the petitioner's two minor
daughters namely (i) Baby Preet (DoB: 16.01.2018)
and Baby Harkeerat (DoB: 26.09.2013) before the
Hon'ble Court in order to know as to why and under
what powers and authorities the children have been
removed from the petitioner's lawful custody and have
been shifted from their known place of stay to some
unknown place and thereafter, hand over the custody of
the petitioner's two daughters to the petitioner;
(ii) Any other or further orders, as this Hon'ble Court may
deem fit and proper on the facts and circumstances of
the case may also be passed in the interest of justice."
2. All's well that ends well.
3. We are informed by Mr. Avadh Kaushik, learned counsel
appearing on behalf of the petitioner Mrs. Shelly Kaur that in
terms of Settlement Agreement dated 21.12.2020 the estranged
couple has re-united and is living together as a family along with
their two minor girls Baby Harkirat Kaur and Baby Preet Kaur,
aged about 7 years and 2-1/2 years respectively, at their
matrimonial home i.e. at c/o Shri Jagbir Singh, RZC-297, Nihal
Vihar, Nangloi, Delhi-110 041. The terms and conditions of the
Settlement Agreement dated 21.12.2020 are extracted below for
the sake of record :
(i) That both the parties shall live and reside together as
husband and wife in the matrimonial Home along with
their children. The second party/husband will take the
first party/wife to the matrimonial home today.
(ii) That both the parties to this settlement shall live
peacefully and shall maintain congenial atmosphere at
home and shall treat each other with love and respect and
look after the house and discharge their respective social,
economic and moral duties qua each other and their
children.
(iii) That no party shall use abusive language against each
other or against each other's parents/relatives and they
shall not fight with each other.
(iv) That the parents/relatives of both the parties shall not
interfere unduly in day-to-day life of the parties.
However, both the parties shall give due respect to
parents/relatives of each other.
(v) That both the parties shall withdraw their respective
complaints/court cases whatsoever filed against each
other and their family members/relatives, if any, from the
concerned Police Station/ Court/Authority.
(vi) That neither party shall leave the company of other party
without informing the other party.
(vii) That the children shall remain in the joint custody of both
the parties to this agreement and no child will be removed
from the joint custody of the parties without permission
of the other party.
(viii) That by signing this settlement, the parties hereto state
that they have no further disputes with each other with
respect to the present Writ Petition being W.P. (CrI.)
1944/2011 and all the disputes and differences in this
regard have been amicably settled by the parties hereto
during the process of mediation.
(ix) That the contents of the settlement agreement have been
read over to all the parties in vernacular and all the parties
have agreed to and understood the same.
(x) The parties agree that they have arrived at the present
Settlement Agreement with their own free will and desire
and without any pressure, fraud, force, coercion or undue
influence by either of the parties and they undertake to be
bound by the terms thereof. The parties agree that the
statements/commitments made by them in the present
Settlement Agreement shall be treated as their
undertakings to the Hon'ble Court and in case of any
violation of the terms of the present agreement they shall
be held liable for Contempt of Court.
(xi) The Parties undertake that they are bound by this
Settlement Agreement and further undertake to abide by
the terms and conditions set out in the agreement and not
to dispute the same hereinafter in future either themselves
or through any third Party.
(xii) The parties agree that they shall appear before the Hon'ble
Court during the virtual hearing to make their statements
in terms of the present settlement agreement.
4. The petitioner Mrs. Shelly Kaur and respondent No. 3 Mr.
Balwant Singh, the estranged couple, are present in Court today
via video-conferencing and have been duly identified by Mr.
Avadh Kaushik, learned counsel appearing on behalf of the
petitioner. The parties shall be bound by and are directed to abide
the terms of Settlement Agreement dated 21.12.2020 without
demur.
5. In view of the foregoing, Mr. Avadh Kaushik, learned counsel
appearing on behalf of the petitioner, has instructions, not to
prosecute the present petition any further.
6. The petition is disposed of accordingly.
7. A copy of this judgment be provided to learned counsel
appearing on behalf of the parties electronically and be also
uploaded on the website of this Court.
SIDDHARTH MRIDUL
JUDGE
ANUP JAIRAM BHAMBHANI
JUDGE
JANUARY 05, 2021/dn
Click here to check corrigendum, if any
