Mr.Dharmabalan v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.11.2015
CORAM
THE HONOURABLE MR. JUSTICE R. SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH HCP.No.2932/2015 Mr.Dharmabalan ..Petitioner -Versus1.The Inspector of Police Teynampet Police Station Chennai District.
2.Mr.Rajamanickam 3.Mrs.Gunavathy 4.Mr.Sembiam ..Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the respondents 1 to 4 for production of body of the petitioner's daughter Priyaranjini, aged about 27 years before this Court and set her at liberty.
For Petitioner :
Mr.C.R.Malarvannan For R1 :
Mr.A.N.Thambidurai, APP For detenue & R4 :
Mrs.Geetha Ramaseshan
ORDER
[Order of the Court was made by P.N.PRAKASH, J.,] The above petition has been filed by the petitioner, father of the detenue, to cause production of his daughter, Priyaranjini, aged about 27 years, who is said to be in the illegal custody of the respondents 2 to 4, before this Court and to set her at liberty.
2.
It is the case of the petitioner that his daughter Priyaranjini aged about 27 years, went missing on 05.10.2015, in connection with which, a case in Cr.No.2889/2015 for "Woman
Missing" has been registered by E3 Teynampet Police Station and the investigation is in progress. Since the police have not taken steps to secure his daughter, the petitioner is constrained to appear before this Court seeking for issuance of a writ of Habeas Corpus.
3.
Today, the detenue Priyaranjini and the 4th respondent, viz., Sembiam, were produced before this Court by their learned Counsel Ms.Geetha Ramaseshan. Mrs.K.Sangeetha, Sub Inspector of Police, attached to E3 Teyampet Police Station is also present. The parents of the detenue, viz., the petitioner herein and his wife along with their elder daughter are also present before us. 4.
On enquiry, the detenue informed us that she is a major, she was in love with Sembiam, the 4th respondent herein, which was not agreeable to her parents and therefore, she left her parental home to get married to him. She has also produced the Marriage Certificate, which shows that they got married on 08.04.2015 and the said marriage has been registered in the office of the Sub Registrar, Royapuram, North Chennai. She further stated that she is not in the illegal detention of anyone and that she had gone with the 4th respondent on her own volition. It is her further submission that since her marriage, she went to Bangalore along with the 4th respondent herein to lead her matrimonial life and left her job.
5.
The parents, on enquiry, have stated that they are willing to accept the couple. It is seen that the parents of the 4th respondent have lodged a complaint against the parents of the detenue, for which, a case in Cr.No.363/2015 has been registered by Vellipalayam Police Station.
6.
Upon advising the parents of the detenue and the couple and after having discussion with the learned counsel on either side, the parties have agreed to resolve their disputes amicable and also withdraw the respective cases filed by them against each other.
7.
Recording the submission of the detenue, a major, this Habeas Corpus Petition is closed, setting the detenue at liberty. The detenue is also at liberty to go and join the company, viz., Cognizant Technology, where she was working earlier.
AP Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
To 1.The Inspector of Police Teynampet Police Station Chennai District.
2.The Public Prosecutor, High Court, Chennai.
+ 1 cc to Mrs.Geetha Ramaseshan, Advocate Sr 65319. + 1 cc to M/s.N.Mohideen Basha, Advocate Sr 65178. MG/CO KR/11/12 HCP.No.2932/2015