Upholding the Use of Court-Mediated Settlements in Writ Proceedings and Incorporating the Agreement as Part of the Dispositive Order
Summary
| Category | Data |
|---|---|
| Case Name | WP(C)/398/2024 of SARITHA A. MARAK Vs THE STATE OF MEGHALAYA AND 3 ORS. |
| CNR | MLHC010012892024 |
| Date of Registration | 06-11-2024 |
| Decision Date | 30-08-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | Hon’ble Mr. Justice H. S. Thangkhiew |
| Court | High Court of Meghalaya |
| Bench | Single Judge |
| Type of Law | Writ Petition (Constitutional Procedure) |
| Ratio Decidendi | The High Court may incorporate a court-facilitated mediation agreement into its final order and dispose of the writ petition in terms of that agreement. |
What’s New / What Lawyers Should Note
- The High Court disposed of a writ petition on the strength of a mediation agreement executed before the court’s mediation proceedings.
- The mediation agreement was expressly made part of the final judgment and order.
- Lawyers can now confidently invoke court-led mediation in writ proceedings and seek incorporation of settlement terms into the dispositive order.
- This decision underscores the High Court’s willingness to use its inherent powers to encourage alternative dispute resolution in constitutional petitions.
Summary of Legal Reasoning
- The Court perused the report of the mediation proceedings (Flag ‘A’).
- Finding that the parties had settled their dispute through mediation, the Court held that the matter could be disposed of in terms of the agreement.
- The mediation agreement dated 18-08-2025 was ordered to form part of the judgment and order, giving it the force of a court decree.
Procedural Innovations
- The order exemplifies incorporation of mediation outcomes directly into a High Court judgment in writ jurisdiction.
Alert Indicators
- ✔ Precedent Followed – Affirms the practice of disposing of writ petitions by court-facilitated mediation.
Citations
- 2025:MLHC:780
- WP(C). No. 398 of 2024
- High Court of Meghalaya (Shillong)