(Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to CC.No.3262 of 2023 pending on the file of the IX Metropolitan Magistrate Court, Saidapet, Chennai and quash the same as against the petitioner.)

1. The petitioner who is A1 facing trial in C.C.No.3262 of 2023 for offence under Section 509 IPC before the learned IX Metropolitan Magistrate, Saidapet, Chennai (Trial Court) has filed this Criminal Original Petition on the ground of compromise.

2. Gist of the case is that the 2nd respondent/defacto complainant, who hails from the State of Kerala, was a dance intern at Rukmani Devi College of Fine Arts (In short “RDCFA”) and she completed a diploma and P.D. in dance at RDCFA and have been in Kalashetra for the past seven years. The petitioner, former Director of Kalashetra Foundation, in her Facebook profile on 23.12.2022 posted some post which is highly vindictive agenda and it brought ill-repute to the name and upheaval of the 2nd respondent’s personal academic life. In the Facebook page, the petitioner mentioned about alleged male staff member indulging in acts of sexual harassment inside the campus. The male staff members mentioned therein happens to be one of the 2nd respondent’s mentor and has trained the 2nd respondent for years together. In comment section of the said post dated 23.12.2022, various comments were made about alleged misdemeanours committed by one Haripadman. The comments, on the face of it, explicitly refer to the 2nd respondent. At first glance besides, the comment, besides being false and baseless, is patently derogatory, disparaging and vituperative. It projects the 2nd respondent in an extremely disparaging manner directly attacking the dignity and affront to modesty of the 2nd respondent, thus, attracting the provisions of 509 IPC. The complaint was received by the 1st respondent Police and FIR in Crime No.11 of 2023 for offence under Section 509 IPC registered against the petitioiner. On completion of investigation listing 18 witnesses and documents, charge sheet filed before the trial Court and C.C.No.3262 of 2023 assigned.

3. Learned counsel for the petitioner submitted that the 2nd respondent apart from the criminal complaint also filed a civil suit in O.S.No.6138 of 2023 before the XVI Additional City Civil Court, Chennai. During the proceedings in the civil suit, the issue referred to mediation and several mediations were held on several occasions between 08.08.2024 and 15.04.2025 and both parties deliberated and agreed to resolve the issue with the assistance of the Mediator and respective counsel. Both voluntarily arrived at an amicable solution resolving the above disputes which included that the 2nd respondent will withdraw the criminal complaint and also give no objection if any quash petition is filed. She further submitted that the petitioner had expressed regret for the error committed and the accidental comments made without any intention and the petitioner has no intention to insult the 2nd respondent, the same is accepted. She further submitted that the offence under Section 509 IPC is cognizable, bailable and compoundable, hence, there is no impediment for the case to be compounded and quashed.

4. Learned Additional Public Prosecutor appearing for the 1st respondent Police submitted that the 2nd respondent/defacto complainant was a dance intern at Rukmani Devi College of Fine Arts (In short “RDCFA”) and she completed a diploma and P.D. in dance at RDCFA and have been in Kalashetra for the past seven years. The petitioner, who is the former Director of Kalashetra Foundation, in her profile on FaceBook on 23.12.2022, posted some post which is highly vindictive agenda and it brought ill-repute to the name and upheaval of the 2nd respondent’s personal academic life. Now the said post in the FaceBook deleted. He further submitted that the 2nd respondent filed civil suit in O.S.No.6138 of 2023 and the case was referred to a mediation and the same got resolved and the 2nd respondent agreed to withdraw the complaint and compound the offence and further she is not inclined to pursue the case any further against the petitioner.

5. Learned counsel for the 2nd respondent/defacto complainant submitted that the issue was deliberated and resolved between the petitioner and the 2nd respondent. The petitioner had expressed her regret for the error committed and also given an undertaking that no further comments will be made by her against the 2nd respondent in future and the 2nd respondent agrees to withdraw the case, compound the offence and she has got no objection for quashing the criminal case.

6. Considering the submissions and on perusal of the materials, it is seen that the petitioner, a former Director of Kalashetra Foundation, in her Facebook profile on 23.12.2022 posted a post which is highly vindictive agenda and it brought ill-repute to the name and reputation of the 2nd respondent’s personal academic life. Apart from the criminal case, the 2nd respondent filed a civil suit in O.S.No.6138 of 2023 before the learned XVI Additional City Civil Judge, Chennai against the petitioner. During the proceedings, the matter was referred to mediation and several meetings were held from 08.08.2024 to 25.03.2025. Both the parties with the assistance of the Mediator and their respective counsel voluntarily arrived at an amicable solution and resolved the dispute and differences. In the settlement agreement in O.S.No.6138 of 2023, one of the condition is that the petitioner, a defendant therein would initiate quash proceedings before this Court to quash the proceedings in C.C.No.3262 of 2023 pending on the file of the IX Metropolitan Magistrate, Saidapet, Chennai and the 2nd respondent, a plaintiff therein would give her consent for quashing of the case against the petitioner. Now the 2nd respondent filed an affidavit before this Court stating that she has no objection for quashing the proceedings in C.C.No.3262 of 2023 pending on the file of the IX Metropolitan Magistrate, Saidapet, Chennai as against the petitioner alone. For better appreciation, scanned reproduction of the 2nd respondent’s affidavit is as follows:







7. Today the petitioner and the 2nd respondent/defacto complainant appeared before this Court and their identify is confirmed by the 1st respondent Police. The 2nd respondent stated that the issue with the petitioner was deliberated and resolved and she is not inclined to further pursue the criminal complaint against the petitioner. Further, she is inclined to withdraw the criminal case against the petitioner.

8. Taking into consideration that the petitioner and the 2nd respondent have resolved their issue, and since the offence under Section 509 IPC is compoundable in nature, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., is inclined to quash the proceedings against the petitioner.

9. At this stage, it is brought to the notice of this Court by the learned Additional Public Prosecutor that the proceedings in C.C.No.3262 of 2023 is transferred from the file of the IX Metropolitan Magistrate, Saidapet, Chennai to the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai.

10. In view of the above, the proceedings in C.C.No.3262 of 2023 pending on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai is hereby quashed against the petitioner. Accordingly, this Criminal Original Petition is allowed. Consequently, connected Criminal Miscellaneous Petitions are closed.