IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Leela Samson – Appellant
Versus
State Rep by The Inspector of Police, W-19 All Women Police Station, Adyar, Chennai – Respondent
Crl.O.P.No.5739 of 2026 | Crl.M.P.No.4279 & 4280 of 2026
| Table of Content |
|---|
| 1. quashing of criminal proceedings based on mutual agreement. (Para 1 , 2) |
| 2. mediation leading to the withdrawal of the complaint. (Para 3 , 4 , 5) |
| 3. recognition of compoundable offences in legal resolution. (Para 6 , 8) |
| 4. court's allowance of withdrawal and quashing of charges. (Para 7 , 10) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.03.2026 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.5739 of 2026 and Crl.M.P.No.4279 & 4280 of 2026 Leela Samson ... Petitioner vs.
1.State Rep by The Inspector of Police, W-19 All Women Police Station, Adyar, Chennai – 600020.
2.Athena Sadiq ... Respondents 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.
For Petitioner : Ms.Geeta Ramaseshan For R1 : Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor For R2 : Ms.Rohini Ravikumar ORDER 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 im
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