Delhi High Court
Neha Das vs State Through Sho, Ps Dwrka Sec-9 on 18 August, 2023
$~S-6
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 18.08.2023
W.P.(CRL) 838/2023, CRL.M.A. 10080/2023 (for directions) &
CRL.M.A. 15191/2023 (for directions), CRL.M.A. 22162/2023 (for
urgent and necessary directions with regard to the mutual
settlement)
NEHA DAS ..... Petitioner
Versus
STATE THROUGH SHO, PS DWRKA SEC-9
.... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Tanuj Khurana, Advocate with petitioner in-person.
For the Respondents : Mr. Sanjay Lao, Standing Counsel (Criminal) along with
Ms. Priyam Agarwal, Advocate.
Mr. S. Rajappa and Mr. R. Gourishankar, Advocates for
R-6 (through video-conferencing).
Mr. Anil Panwar, Advocate for R-7.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
Signature Not Verified
By:DURGESH NANDAN
Signing Date:23.08.2023
11:12:33
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, has been instituted on behalf of Neha Das, the petitioner,
praying as follows:
'It is most respectfully prayed that this Hon'ble Court
may graciously be pleased to:-
a) Pass writ/order/directions in the nature of habeas
corpus directing the respondents to produce the 7
year old son of the Petitioner namely A, and/or,
b) Pass writ/order/directions in the nature of
mandamus directing the Respondents to hand over the
custody of child A, to the Petitioner and not to
interfere with Petitioner's lawful custody and
guardianship of her minor' son; and/or,
c) Pass writ/order/directions in the nature of
mandamus directing the Respondent no. 1to 5 to take
action against Respondent no.6 to 7 for their illegal
acts and omissions; and/or,
d) Pass such other and further order(s) as this
Hon'ble Court deems fit and proper;'
2. At the outset, it is relevant to highlight, that in the present habeas
corpus writ petition, a joint application being CRL.M.A. 22162/2023,
under Section 482 of the Code of Criminal Procedure, 1973, has been
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By:DURGESH NANDAN
Signing Date:23.08.2023
11:12:33
filed on behalf of Ms. Neha Das and Mohd. Firoz, the petitioner and the
respondent no. 7 respectively herein, seeking to place on record the
Memorandum of Understanding (MoU) arrived at between the estranged
couple, in relation to the interim custody of their minor son Master 'A',
aged above 07 years.
3. A copy of the Memorandum of Understanding (MoU) dated
11.08.2023, which is annexed as Annexure-1 with the accompanying
application, reflects that both the parties have mutually agreed upon the
terms and conditions specified therein, which is extracted hereinbelow:
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By:DURGESH NANDAN
Signing Date:23.08.2023
11:12:33
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By:DURGESH NANDAN
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4. A perusal of the abovementioned Memorandum of Understating
reflects that the terms and conditions of the settlement arrived at,
between the parties are legal and lawful; and the same be made the order
of the Court. The parties have appended their signatures with the present
application, which are duly supported by affidavits; and the same be
taken on record.
5. Accordingly we direct, that the parties shall remain bound by their
reciprocal obligations, elaborated in the Memorandum of Understanding
dated 11.08.2023, and shall comply with the said terms and conditions,
without demur.
6. No further relief is prayed for.
7. In view of the foregoing, the present habeas corpus writ petition, is
allowed and disposed of, in the agreed terms and conditions, directing
thereby that the interim arrangement arrived at, between the parties, in
terms of the abovementioned Memorandum of Understanding, shall
remain in place, till the time, it is modified by a court of competent
jurisdiction, in accordance with law. The joint application instituted on
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W.P.(CRL) 838/2023 Page 10 of
By:DURGESH NANDAN
Signing Date:23.08.2023
11:12:33
behalf of the parties is allowed and disposed of accordingly. Pending
applications, if any, also stand disposed of.
8. Copy of this judgment be uploaded on the website of this Court
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
ANISH DAYAL
(JUDGE)
AUGUST 18, 2023
Aanchal
Click here to check corrigendum, if any
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W.P.(CRL) 838/2023 Page 11 of
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Signing Date:23.08.2023
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