Title: Ajay Elangovan v. State and Anothers
Decided on September 1, 2023
Cri.M.C. 6607/2022 & Cri.M.A. 12402/2023
Corum: Dinesh Kumar Sharma, J.
Introduction
The Delhi High Court quashed the FIR No. 451/2015 registered at PS Malviya Nagar under Section 341/345D/509 IPC. Court has observed that it is settled law that the inherent powers under section 482 of the code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further the High Court can quash the non-compoundable offences after considering the nature of the offences, the gravity of the cases and the amicable settlement between the concerned parties.
Fact of the case
The present FIR has been filed by the victim/respondent no.2 and alleged that she was in relationship with the petitioner for around 8 months, and during this 8 months petitioner used to drink a lot of alcohol and used to abuse the respondent no.2.due to which she moved on in her life after the respondent had ended her relationship with the petitioner, he had started to stalk her multiple times and mentally disturbed her, and threatened to commit suicide.
Courts analysis and decisions
The petitioner was granted regular bail on 06-01-2017 by the Ld. MM Saket courts. The charge-sheet was filed under Section 341/354D/506 of the IPC.
Its further observed by the court that both the parties had signed the Settlement Deed and respondent no 2 also had filled a representation to the police station of Malviya Nagar and stated that the entire issue between the petitioner and respondent no 2 was culminated on account of relationship and breakup and now both parties are married and well settled in their lives. Further on respondent no 2 has decided to forgive the petitioner on her free will without any fear or coercion or any kind of threat, and as such the respondent no 2 does not want any further litigation and want live peaceful life.
Delhi High Court took the example of the case Saju P.R. V. State of Kerala, Criminal Appeal No.1740/2019. In which the Hon’ble Supreme Court inter alia held that.
“Considering the peculiar facts of the present case, the affidavit filed by the complainant and other materials on record, in our opinion, the relief claimed by the appellant to quash the criminal proceedings against him deserves to be acceded to for doing complete justice to the parties concerned.”
Furthermore taking into account the totality of facts and circumstances of the cases and doing complete justice to the future of respondent No. 2, This court considers that the parties have entered into an amicable settlement out of their own free will without any fear, force, or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing the trial.
In view of the above, FIR No.451/2015 registered at PS Malviya Nagar under section 341/354D/509 IPC and all the other proceedings emanating therefrom are quashed.
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Written by: Aamir Hussain.
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