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2025 Supreme(Online)(Mad) 65401

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, R.Vijayakumar, JJ
P.Thamaraiselvi – Appellant
Versus
The Commissioner of Police, Tiruchirappalli District – Respondent
H.C.P.(MD) No.1241 of 2025 | Crl. MP(MD) No.16706 of 2025



Advocates:
For the Appellants/Petitioners: Mr.B.Chakkaravarthi
For the Respondents: Mr.A.Thiruvadi Kumar, Mr.S.Rameshkumar

The court emphasizes the importance of mediation and professional counselling in resolving familial disputes involving a missing person under a habeas corpus petition.

Headnote:This petition was filed under Article 226 of the Constitution of India, addressing the issue of a missing person, with the court acknowledging the necessity for the detenue to receive professional counselling. The court had directed the parties involved to seek resolution through a Mediation and Conciliation Centre. The final outcome is that the detenue expressed willingness to reunite with her mother and pursue her nursing profession peacefully.

Table of Content
1. missing person case and need for counselling. (Para 5)

(Order of the court was made by C.V.KARTHIKEYAN, J.)

When the matter had come up earlier on 22.10.2025, on which date, the detenue had been produced before us. After having a discussion with her, we were of the opinion that she requires professional counselling. We had referred her to the Mediation and Conciliation Centre attached to this Bench and sought for a report from the Mediation Centre. The order dated 22.10.2025 is again reproduced for better appreciation of the facts:

“This petition has been filed expressing the grievance that the daughter of the petitioner aged about 21 years had been missing on and from 28.09.2025. In this connection, a complaint had been lodged resulting in registration of FIR in Cr.No.454 of 2025 under the caption for 'woman missing' by the second respondent Contonment Police Station, Trichirappalli.

2. It had been however informed to us that earlier the person, from whom the petitioner suspected, had lured her daughter away from normal place of residence, was involved as an accused of FIR in Cr.No. 11 of 2021 registered by the All Women Police Station, Alangudi. Subsequent to investigation, final report therein was taken cognizance as Special S.C.No.36 of 2021 by the Mahila Court at Pudukottai. However, during trial since the defacto complainant and her mother turned hostile. The Sessions Judge, Mahila Court, Pudukottai, by judgment dated 03.02.2023 had acquitted the accused there in of all charges. The same accused is now said to be involved in luring the detenu in the present habeas corpus petition. The detenue had been produced before us. Her mind is clouded. She requires professional counselling. Her mother is also present.

3. We would request the learned counsel to convince the petitioner and the detenu to go over to the Mediation and Conciliation Centre attached to this Bench and place the matter to the conciliation centre to appoint the professional counsellor and discuss with the detenu aged about 21 years. The detenue had expressed that she would not go with the petitioner. But, however, let her attend the counselling sessions, we hope would show her a new light and may be take her forward to a correct path.

4. Heard also the learned counsel who represented the victim in Cr.No.11/2021 in All Women Police Station at Alangudi. The victim in that case is also present in Court. The present habeas corpus petition does not directly relate to her disappearance, but we have to note that she has taken a conscious decision to turn hostile during trial in Spl.S.C.No.36 of 2021. The detenue and the petitioner are directed to appear before the Mediation and Conciliation Centre attached to this Bench today itself.

5. List the matter once again on 10.11.2025 for reporting from the Mediation. The detenu and the petitioner to be present on that day.”

2.We had also received the report from the Mediation Centre and the same is as follows:

“6.The following settlement has been arrived at between the parties hereto:

A.Detenue (P.Anitha) aged about 21 years is willing to go along with the mother (Thamaraiselvi) and wants to pursue the (nursing) profession peacefully.”

3. The detenue is present in Court today. The petitioner is also present. The detenue had stated that she is prepared to go along with the petitioner herein. Recording the same, this Habeas Corpus Petition stands closed.

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