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2026 Supreme(Online)(Mad) 35646

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
R. Gunasekaran – Appellant
Versus
Tamil Nadu State Commission of Women – Respondent
WPMP.Crl.No.287 & 288 of 2026



Advocates:
For the Appellants/Petitioners: S.Parthasarathy
For the Respondents:Mr.R. VINOTH RAJA Govt.Advocate (CRL. SIDE) for R2

Civil family property disputes over gold jewels not criminal misappropriation warranting High Court interference.

Headnote:The petitioner challenged an order passed by the Tamil Nadu State Commission of Women directing police action on a complaint regarding non-return of gold jewels allegedly given by daughter-in-law to father-in-law during marriage in 2018, claimed as misappropriation. Court noted the dispute as purely civil in nature between family members, involving requests for return and later auction redemption without handover. Findings held it not warranting criminal interference by High Court. Issues framed as whether the Commission's order directing police enquiry was justified given the civil character of the dispute. Ratio decidendi emphasized that family disputes over property like jewels do not constitute criminal offences of cheating or misappropriation without evidence of criminal intent, allowing police enquiry to proceed without quashing. Writ petition disposed of with directions for petitioner to appear before police.

Table of Content
1. challenge to commission's order on gold dispute. (Para 1 , 2)
2. dispute purely civil, not criminal. (Para 3)
3. police enquiry ongoing, no interference. (Para 4)

ORDER

The writ petitioner, challenging the order passed by the first respondent in Na.Ka.No.684/M.Aa/A3/2026 dated 05.03.2026, had filed this writ petition.

2.The learned counsel for the petitioner submitted that the first respondent conducted an enquiry and enquired the third respondent and the petitioner. The allegation by the third respondent is that the marriage between the third respondent and R.Rudra in the year 2018. During the marriage, she has brought 100 sovereign of gold jewels. Thereafter, to help her father-in-law, the third respondent gave her jewels. Thereafter, several requests have been made, jewels not returned. In the meanwhile, on 2021 the jewels were brought for auction, which was informed by her mother-in-law and it has been redeemed but not handed over to the third respondent. Hence, the commission by its order dated 05.03.2026 directed the Superintendent of Police, Dindugal to take appropriate action.

3.The learned counsel further submitted that it is purely a civil dispute between the father-in-law and daughter-in-law, which has been now magnified and projected as though the petitioner had committed offences of misappropriation and cheating.

4.The learned Govt. Advcoate (Crl.Side) submitted that on a complaint of the third respondent, CSR.No.228 of 2026 was assigned on 15.03.2026 and enquiry is pending. Notice to the petitioner will be served on the petitioner and the petitioner to appear before the Inspector of Police, Oddanchathiram and to give his explanation during the enquiry along with supporting documents, if any. The order passed by the first respondent needs no interference and now the second respondent initiated action, now, enquiry is conducted.

5.With the above direction, the writ petition criminal is disposed of.

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