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Kerala High Court
Prakash vs State Of Kerala on 1 December, 2025
W.P(Crl.) No.1626 of 2025 2 02 5 : KER : 92 651
IN THE HIGH COURT OF RERAIA AT ERNAKULAM
PRESENT
THE HONOuRABId= in. TusTlcE I]EVAN. RznmcHz\NI)RAN
a
THE HONoURABIE ms. JusTlcE M.B. SNEHAIATHA
MONDAY, THE isT DAY oF DEcneER 2o25 / ioTH AGRAIIA¥ANA, 1947
CEL. NO. 1626 0F 2025
PETITIONER:
PBARASH, AGED 52 YEARS
S/O COPI.M.C. , PUTHUPARzu4BIIi (H) ,
PADINJ"TTE KIZHAKKtJ, SHOOENAI) P.0. ,
SHOORNAD NORTH, KOLILAM, PIN - 690522
BY AI)VS .
SRI . C . A . ENO0P
snff . R . RElsENA
RES PONDENIS :
STATE 0F RERALA
REPRESENTED 8¥ THE sECREmR¥, Hone I]EPARnmNT, 3RD
FLOOR, NORTH BI.OCK, COVERNMENT SECRETARIAT ,
THIRuvENNIHApuRzn£. , plN -695ooi
STATION HOUSE OFFICER,
PUNNAPRA poLlcra sTATloN, PUNNAPRA,
AILAPPUZHA. , PIN - 688004
DINESEN, AGED 55 YEARS
HAldmi col,oNr, BI,OCK No 32, PUNNAPRA souTH, p/w 3,
ALAPPUZHA, PIN - 688004
By AI>v SHRI.mlsENZLNUNNI G.B.
SRI N a SUNIIi NATH-GP
TEIIS WRII PETITION (CRIMINAL) HA:VINO CchG UP FOR HEARING
0N 01.12.2025, THE COURT ON THE SAME DAY DELIVERED TEE
sol.I,owlNG :
W.P(Crl.) No.1626 of 2025 2025 : KER: 92651
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
W.P(Cr[.) No,1626 of 2025
Dated this the lst December, 2025
JUDGMENT
M.B.Snehalatha, J
The above captioned writ petition was filed by the
grandfather of the child alleging that he has been illegally detained
by. the 3rd respondent.
2. During the pendency of this writ petition, the matter
was referred to mediation, as sought by the parties as the dispute
pertains to the custody of the child.
3. When this writ petition came up for hearing today, the
learned counsel appearing for both sides submitted that the dispute
regarding custody of the child has been settled in the mediation
held under the aegis of Mediation Centre, Emakulam and a
memorandum of agreement has been filed before this Court.
4. We have examined the memorandum of agreement and
we notice t:hat it has been signed by the petitioner and the 3rd
respondent and subscribed by their counsel. The terms of the
agreement qua the custody of the child are lawful and therefore
a
a
W.P(Crl.) No.1626 of 2025 2025 : KER: 92651
the settlement arrived at by the parties is accepted. The learned
counsel appearing for both sides submitted t:hat this writ petition
can be disposed of in t:erms of the memorandum of agreement and
the custody of the child can be ordered as per the terms of the
memorandum of agreement.
In view of the memorandum of agreement filed by the
parties before this Court, W.P(Crl.) No.1626/2025 is disposed of
and the custody of the child named Krishnajith shall be governed
as per the terms of the memorandum of agreement` arrived at by
parties which do form part of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
ab
BEFORE THE HONOUIIABLE HIGH COURT OF KERALA AT ERNAI(uLJ\M
WpfcRLl ILO. 1626 of 2025
Prakash Petitioner
State of Kerala & Others Respondents
MEMOFIANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL
PROCEDURE READ WITH RULES 24 a 25 0F THE CIVIL PROCEDURE
(AITERRATlvE DispuTE REsOLUTioN),RULEs, 2Ooe:
The parties to the above matter, relating to a Habeas Corpus Writ Petition but
presently the child custody alone being involved, they have agreed to settle the
dispute on the following terms and conditions:-
1. The parties agree that the real parties involved herein are the petitioner who is the
matemal grandfather of the detenue being the minor named Krishnajith, aged 6 years
and the paternal grandfather(3rd respondent) along with the father of the detenue
being the real parties whereas the paternal grandfather alone is in the party array of
the above matter as respondent No.3 the matter is settled between them, but the
signatories are the petitioner who is the matemal grandfather and 3rd respondent who
is the paternal grandfather. The respondents I and 2 being the State and Station
House Officer are only formal parties to the issue and hence they are not made
sigiiatorfes to this agreemerit, Tfi6ugh erie detenuers-fattier-is preseri[ arid pafticipated
in the proceedings as directed by this Honourable Court and his interest is also token
care of, he is not a signatory as not a party to the above Writ Petition(Crl).
Petitioner 3rd Respondent
Prakash Dineshan
jae`, urJr-
2. The detenue`s mother is no more alive and the detenue is under the custody of the
3Te respondent, paternal grandfather and also the father who is the guardian of the
detenue. The parties agree that the detenue's permanent custody can be with the
father of the deteniie. It is agreed that the custody of the detenue from 2nd Friday
evening of every month at 5.00 p.in to Sunday evening 6.00 p.in shall be with
matemal grandfather who is the petitioner herein as he can look after the child and
take care of his welfare with the assistance of his unmarried daughter namely Reshmi R
who is the matemal aunt of the detenue and also petitioner's wife Rema P., who is the
matemal grandmother as they reside with him and is interested to take care of the
detenue being the only grandson of the family and only son of their deceased daughter
Reshma Prakash.
3. It is agreed that the child will be taken from the 3rd respondent's house by the
petitioner or his wife or daughter Reshmi at the agreed terms ie,, from 5.00 p.in on
the 2nd Friday of every month to 6.00 p.in of the ensuing Sunday on which time the
detenue will be returned to the 3rd respondent's house.
4. It is also agreed that the child/deteniie shall be with the maternal grandfatller and
his immediate family referred to above on 16th to 18th of December of this year for
performing the funeral rituals of the deceased detenue's mother's 4lst day of death
functions as she died on 07/11/2025. The detenue shall be handed over to the
petitioner at the Punnappra Police Station on 10.00 a.in on the 16th moming and
returned by him at 2.00 p in on l8th December of this year (2025) for this purpose.
No other issues are involved in this matter and hence the entire disputes with regard to
the custody of the detenue as on date stands settled on the above terms.
Petitioner 3rd Respondent
Prakash
._..!isch ffiDineshan
-3.
Hence it is humbly prayed this Honourable court may be pleased to incorporate this
settlement agreement in the judgment of this Honourable Court and dispose of the
above Writ Petition(Cn) accordingly in the interest of Justice.
Dated tliis the 29th day of November 2025.
Pet[tloner 3rd despondent
Prakash Dineshan
Jay
` t\:.tt=t-`
Counsel for the Peti
nEi
Counsel for the 3rd Respondent
(-rfL+aptlrty
`i``%gQ;;n,=`.9£
This settlement agreement is authe icated by me.
Adv. Zohra (Mediator)
