Madras High Court
Jeffin Comfort vs State Represented By on 2 February, 2023
Crl.O.P.(MD)No.1536 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.02.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.1536 of 2023
1.Jeffin Comfort
2.Abishek John ... Petitioners
Vs.
1.State represented by
The Inspector of Police,
Nazerath Police Station,
Thoothukudi District.
(Crime No.54 of 2018)
2.Vettu Perumal ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for records and quash the FIR
pertaining to the FIR in Crime No.54 of 2018 on the file of the Inspector
of Police, Nazerath Police Station, Thoothukudi District.
For Petitioners : Mr.R.Ilayaraja
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.P.Mani Anandh
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1536 of 2023
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records pertaining to the First
Information Report in Crime No.54 of 2018 on the file of the first
respondent police and quash the same.
2. The case of the prosecution is that on 01.05.2018 at 11.00 p.m.,
the petitioners had downed the flag of the second respondent's
organization and had attempted to set the flag on fire. Hence, he lodged a
complaint.
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners would submit that the second
respondent has lodged a complaint before the first respondent and on that
basis, FIR came to be registered in Crime No.54 of 2018 dated
03.05.2018 for the offence under Section 153 IPC against the petitioners.
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Crl.O.P.(MD)No.1536 of 2023
4. The case is still under the investigation. By passage of time, the
parties have decided to bury their hatchet and compromise the dispute
amicably among themselves.
5. A Joint Memo of Compromise has been filed before this Court
which have been signed by the petitioners and the second respondent and
also by their respective counsel. The petitioners and the second
respondent were also present in person before this Court and they were
identified by Mr.S.Samarwel Selwinraj, Special Sub Inspector, Nazareth
Police Station as well as by the learned counsels appearing for the
parties. This Court also enquired both the parties and was satisfied that
the parties have come to an amicable settlement between themselves.
6. In the instant case, the dispute is of personal in nature and now
the parties had compromised. Where the parties have compromised the
matter, the High Court has power to quash the complaint for the offence
under Section 153 IPC.
7. The legal position expressed by the Hon'ble Apex Court in the
case of Gian Singh vs. State of Panjab and another reported in
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Crl.O.P.(MD)No.1536 of 2023
(2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State of
Gujrath) reported in (2017)9 SCC 641 were taken into consideration.
8. In the light of the guidelines issued in the above said
Judgments of the Hon'ble Apex Court, no useful purpose will be served
in keeping the proceedings in Crime No.54 of 2018 pending before the
first respondent police, even though, the offence involved is not
compoundable in nature.
9. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Crime No.54 of 2018 on the file of the
first respondent police, is quashed and the terms of joint compromise
memo shall form part and parcel of this order.
02.02.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1536 of 2023
To
1.The Inspector of Police,
Nazerath Police Station,
Thoothukudi District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1536 of 2023
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.1536 of 2023
Dated: 02.02.2023
https://www.mhc.tn.gov.in/judis
