Yogeswari v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2026 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Yogeswari .. Petitioner

Versus

1. The Commissioner of Police, City Police Commissioner Office, Tiruppur City.

2. The Assistant Commissioner of Police (SJ & HR Unit), City Police Commissioner Office, Tiruppur City.

3. Vishva .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 not to take any further action based on the petitioner's complaint withdrawal letter, dated 25.05.2026. For Petitioner : Mr.Balaji Thirumoorthy For Respondents : Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side), for RR-1 and 2 1/5

ORDER

This Criminal Original Petition is filed to direct the respondent Police not to take any further action against the third respondent, based on her complaint withdrawal letter, dated 25.05.2026.

2. The petitioner earlier sent a complaint to the first respondent on 20.05.2026 to take action against the third respondent for cheating and committing offence. The petitioner is a married woman and mother of two children and she had some family problems and misunderstandings with her husband and she has been living separately for some time. The third respondent and the petitioner became friends through facebook. The petitioner was sharing her pains, sufferings and humiliations to the third respondent and he was giving advises and consoling her and nothing more. The petitioner's husband had given a false complaint against the third respondent as she was missing. In fact, the matrimonial life between the petitioner and her husband became so irrevocable and it cannot be retrieved and now, she had obtained divorce from her husband and she is living with her children separately and she was also psychologically affected.

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3. At that moment, not knowing the seriousness of the consequence, when the third respondent was not responding and sharing his views, she lodged a complaint against him and later realised impulsiveness and she has also sent a representation within five days requesting that her complaint may be closed. According to the petitioner, the complaint has not been closed and the petitioner was not informed about the status of her complaint. Hence, she filed this petition to direct the respondents not to take any further action based on her complaint withdrawal letter, dated 25.05.2026.

4. The learned Counsel for Government of Tamil Nadu (Criminal Side) for the respondent Nos.1 and 2 submitted that finding that it is a private issue between the petitioner and the third respondent, no F.I.R has been registered, but, finding that the third respondent is a Police Constable in the Police Department, disciplinary action alone has been initiated. No criminal complaint has been filed and the Police is not intending to further proceed with the petitioner's complaint.

5. Recording the above submission of the learned Counsel for 3/5

Government of Tamil Nadu (Criminal Side) for the respondent Nos.1 and 2, this Criminal Original Petition is disposed of. 16.06.2026 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Public Prosecutor, High Court of Madras.

2. The Commissioner of Police, City Police Commissioner Office, Tiruppur City.

2. The Assistant Commissioner of Police (SJ & HR Unit), City Police Commissioner Office, Tiruppur City.

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M.NIRMAL KUMAR, J.

grs 16.06.2026 5/5