Gunasekar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Gunasekar

...Petitioner

vs.

1.The Superintendent of Police, Superintendent Office, Ariyalur District.

2.The Deputy Superintendent of Police, Deputy Superintendent Office, Jayankondam, Ariyalur District.

3.The Inspector of Police, T.Palur Police Station, Udayar Palayam Taluk, Ariyalur District.

4.Soni @ Senthilkumar

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Habeas Corpus, directing the respondents to produce the detenue Sivamathi aged 171⁄2 years, daughter of the petitioner before this Court and hand over her custody to the petitioner.

For Petitioner : Mr.R.Sivaraman For Respondents : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Claiming that the petitioner's daughter, namely Sivamathi, aged about 171⁄2 years, is in the illegal custody of the 4th respondent herein, the petitioner had lodged a complaint on 17.05.2025 before the third respondent Police and the same was registered in F.I.R.No.102 of 2025 on the same day under the caption 'girl missing'. Since the petitioner's daughter could not be traced within a reasonable time, he has filed the present Habeas Corpus Petition.

2. Today, when the matter was called, the respondents-Police had secured the petitioner's minor daughter and produced before us. On our interaction with the petitioner, as well as his minor daughter, we thought it fit to refer the parties for mediation, since the petitioner/father had claimed custody of his minor daughter and she, in turn, had certain reservations.

3.Accordingly, when both the parties appeared before the Tamil Nadu Mediation and Conciliation Centre today, i.e. 07.07.2025, they had arrived at a amicable settlement, the terms of which reads as follows:- "A.The petitioner hereby agreed to bring his daughter/detenue to his home. Detenue also agreed to go with her father/petitioner.

B.The petitioner undertakes that he will not remove the Thali from detenue and further undertakes not to harass the detenue in any manner and will not compel or arrange to perform another marriage to detenue.

C.The 4th respondent undertakes that he will not try to contact or harass the detenue in any manner."

4. In view of the amicable settlement arrived at and also that the custody of the detenue has been restored to the petitioner, no effective orders can be passed in the present petition.

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN, J.

hvk

5. By recording the terms of settlement dated 07.07.2025, the Habeas Corpus Petition stands closed. No costs. [M.S.R, J.] [V.L.N, J.] 07.07.2025 Index: Yes/No Speaking order/Non-speaking order hvk To 1.The Superintendent of Police, Superintendent Office, Ariyalur District.

2.The Deputy Superintendent of Police, Deputy Superintendent Office, Jayankondam, Ariyalur District.

3.The Inspector of Police, T.Palur Police Station, Udayar Palayam Taluk, Ariyalur District..

4.The Public Prosecutor, High Court, Madras.