SARITA KHICHI vs STATE NCT OF DELHI AND ORS.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 12th December,2025 + W.P.(CRL) 2798/2025 SARITA KHICHI .....Petitioner Through: Mr. Dinesh Malik (DHCLSC) & Ms. Kiffi Aggarwal, Advs. with Petitioner in person. versus STATE NCT OF DELHI AND ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar Arya & Mr. Aryan Sachdeva, Advs. Mr. Surender Wakode, Adv. for R-4 with Respondent No.4 in person. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT 1. The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking issuance of writ in the nature of Habeas Corpus, directing the Respondent nos.1, 2, and 3 to produce Ms. “D” and Master “I” (children of the petitioner) before this Court. 2. Petitioner (mother of minor children) is present in person. 3. Respondent No.4 (father of the minor children) is also present in person along with both the minor children. 4. Vide Order dated 08.10.2025, the matter was sent for mediation. 5. The Mediation Report dated 03.12.2025 is on record and perusal of the same reveals that despite several mediation sessions and best efforts, no settlement could be arrived at. Signature Not Verified Signed By:PRATIBHA W.P.(CRL.) 2798/2025 Page 1 of 3 KUMARI Signing Date:14.12.2025 23:06:18 6. After some interaction with both the parents i.e. Petitioner and Respondent No.4, they have been, again, given opportunity to resolve the disputes. 7. The matter was passed over, and when taken up again in revised call, we were apprised that both the parties have agreed as under:- (i) The minor son of the parties is reportedly fifteen months old only and is presently in the custody of his