JUDGMENT :

Manish Choudhury, J.

1. Heard Ms. Mhechiete, learned counsel for the petitioner. Also heard Mr. Kevi Angami, learned Public Prosecutor for the State respondents and Mr. Edward, learned counsel appearing for respondent Nos. 2 and 3.

2. This petition under Section 482, Code of Criminal Procedure, 1973 (Cr.P.C.) is preferred for quashing and setting aside of the First Information Report(FIR) dated 5.6.2019 registered as Women Police Station, Kohima Case No. 7/19 and also the proceedings of G.R. Case No. 50/2019, presently pending before the Court of learned Chief Judicial Magistrate, Kohima, Nagaland.

3. The facts leading to the institution of the present petition be summarized as under:-

On 05.06.2019, the respondent No. 3 lodged an FIR before the Officer In-charge, South Police Station, Kohima, alleging, inter-alia, that at about 2.00 p.m. on that day, the petitioner was caught red handed at Old Minister' Hill area, near BSNL Office when the petitioner had allegedly tried to molest and harass the respondent No. 2. The South Police Station, Kohima after receipt of the FIR as General Diary Entry No. 13/2019, had redirected the FIR to the Officer-In-Charge, Women Police Station, Kohima for appropriate action and on receipt of the said FIR, the case being Women Police Station, Kohima Case No. 7/2019 (corresponding G.R. Case No. 50/2019) was registered under Section 354, Indian Penal Code (IPC). Pursuant to registration of the case (Corresponding to G.R. Case No. 50/2019), the petitioner was arrested and sent to judicial custody in the Central Jail, Kohima. Since his arrest, the petitioner is in custody till date.

4. It is stated by the petitioner that on 21.06.2019, a compromise note was entered on behalf of the petitioner and the respondent No. 2 through the approach of relatives and friends of both the sides and the same was also witnessed by the respondent No. 3. In the sad compromise note, the petitioner had tendered and pardoned the petitioner on humanitarian ground and in good faith. The said compromise note was also witnessed by several other persons in the Panchayat. Thereafter, a compromise deed was also entered on behalf of the petitioner and the respondent No. 2 on 12.09.2019 with the efforts of relatives and friends of both the sides. As the petitioner had tendered unqualified apology, the respondent No. 2 had stated to have no objection if the FIR of Women Police Station, Kohima Case No. 7/2019 and the proceedings of corresponding G.R. Case 50/2019 arising there from, are set aside and quashed. The said compromise deed was also witnessed by the respondent No. 3.

5. In the meantime, the Investigating Officer (I.O.) of Women Police Station, Kohima Case No. 7/2019 after completion of investigation, had submitted a charge-sheet being Charge-Sheet No. 10/2019 dated 18.8.2019. The said charge-sheet has been submitted by the I.O. finding a prima facie case, on the basis of his investigation, under Section 354A(2), IPC against the petitioner. In the aforesaid backdrop, this petition is filed seeking quashing of the FIR dated 05.06.2019 lodged in connection with Women Police Station, Kohima Case No. 7/2019 and the proceedings of G.R. Case No. 50/2019, arising out of Women Police Station, Kohima Case No. 7/2019 and presently pending in the Court of learned Chief Judicial Magistrate, Kohima.

6. Section 354 A, IPC is in respect of sexual harassment and punishment for sexual harassment. Under sub-section (1) of Section 354A, a man committing any of the acts like (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against the will of a woman; (iv) making sexually coloured remarks, shall be guilty of the offences of sexual harassment. Sub-section (2) of Section 354A has provided for the punishment for commission of the offence of sexual harassment. The offence specified in clause (i) or clause (ii) or clause (iii) of sub-s