VIJAYA KAMALRAJ Vs. STATE

JUDGEMENT

(1.) THIS petition is filed by accused 1 and 2 seeking quashment of the criminal proceedings in S.C.No.186 of 2007 on the file of the learned Assistant Session Judge, Hosur.

(2.) THE charges as against the first petitioner are that he committed the offences punishable under Sections 458, 506 and 376 read with 511 of the Indian Penal Code and also under Section 4 of the Tamil Nadu Women (Prevention of Harressment) Act. THE second accused stood charged for the offence punishable under Section 323 of the Indian Penal Code.

(3.) LEARNED counsel appearing for the petitioners would submit referring the complaint lodged by the de facto complainant, who is the second respondent herein and her statement recorded by the investigating agency under Section 161 of the Code of Criminal Procedure that no case has been made out for offences under Section 376 read with Section 511 of the Indian Penal Code. The first information report and the statement of the relevant witnesses may disclose prima facie the commission of an offence under Section354 read with 511 of the Indian Penal Code, which is compoundable in nature. He would also refer to a separate affidavit filed by the de facto complainant and would submit that the case has been effectively compromised. Therefore, he would contend that it is a fit case where this Court may exercise its jurisdiction under Section 482 of the Code of Criminal Procedure to quash the entire criminal proceedings.