IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12-6-2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE S.PALANIVELU HCP No.630 of 2008 M.Tharanyaprakash .. Petitioner vs 1.State represented by Inspector of Police Kottur Police Station 2.S.Muthukumar .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the respondents herein to produce M.Gayathiri before this Court and to set her at liberty. For Petitioner : Mr.N.Damodaran For Respondents : Mr.M.Babu Muthu Meeran Additional Public Prosecutor for R1 Mr.S.Doraisamy for R2 ORDER (Order of the Court was delivered by M.CHOCKALINGAM, J.) Invoking the writ jurisdiction of this Court, the petitioner one Tharanyaprakash has brought forth this petition for the issuance of a writ of habeas corpus. 2.The affidavit in support of the petition is perused. The Court heard the learned Counsel for the petitioner. The Counter affidavit filed by the second respondent, is also perused. The Court also heard the learned Additional Public Prosecutor for the first respondent and the learned Counsel for the second respondent. 3.The only grievance ventilated by the petitioner is that he fell in love with the daughter of the second respondent namely Gayathiri; that at that time, she was a minor, and she was doing her 10th Standard; that after coming to know about the love affair, the brother of the second respondent assaulted the petitioner; that he gave a complaint to https://hcservices.ecourts.gov.in/hcservices/ the first respondent police; that the petitioner's mother was called to the police station, and the matter was compromised whereby the second respondent and others agreed to give her in marriage to the petitioner; that the matter was given a quietus; that thereafter, again on 9.4.2008, the brother of the second respondent who came in a TATA Sumo dashed on the petitioner; that immediately, he rushed to the police station and gave a complaint; but, the first respondent did not take the same; that only on the intervention of the Deputy Superintendent of Police, a case under Sec.307 of IPC was registered; that the investigation is on; that now, she is a major; that as they fell in love with each other and she is also willing to marry him, she has been illegally detained by the second respondent against her will, and under the circumstances, this petition has been brought forth. 4.In answer to the above, it is contended by the learned Counsel for the second respondent that all these allegations are false and vexatious in order to damage the reputation of the family; that this petition has been brought forth with such untenable allegations; that there was no love affair as contended by him; that even assuming to be so, as on today, she is with her parents; that once the case has been registered, and the petitioner and others are facing criminal proceedings, now all these false allegations are made, and hence, this petition has got to be dismissed. 5.After hearing both sides, this Court is of the considered opinion that the petition does not carry any merit whatsoever. Now, the petitioner comes with a case to state that the daughter of the second respondent fell in love with him, and then, she was a minor, and now, she has attained majority. As on today, concededly, the alleged detenue Gayathiri is with the parents, and the second respondent is her father. It is also admitted that criminal proceedings have been initiated at the instance of the petitioner against the second respondent and his brother for a case under Sec.307 of IPC, and they are also pending. Merely because of the love affair, the petitioner seeks the girl to be produced before the Court. Once the relationship is strained and the matter is also pending before the criminal jurisdiction, this Court is of the view that there is no need for further prosecuting this petition. Under the circumstances, this petition requires an order of dismissal, and accordingly, it is dismissed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar nsv/ https://hcservices.ecourts.gov.in/hcservices/ To: 1.State represented by Inspector of Police Kottur Police Station 2.The Public Prosecutor High Court, Madras. 1 cc To Mr.N.Damodaran, Advocate, SR.28687. 1 cc To Mr.S.Doraisamy, Advocate, SR.28688. HCP No.630 of 2008 SKD(CO) RVL 23.06.2008 https://hcservices.ecourts.gov.in/hcservices/