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2023 Supreme(Del) 3694

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Ajay Elangovan – Appellant
Versus
State & Anr. – Respondents
Cr.M.C. 6607 of 2022 & Cr.M.A. 12402 of 2023
Decided On : 01-09-2023

Advocates appeared:
Mr. Lalit, Advocate, for the Petitioner.
Mr. Amit Sahni, APP, for the State Respondent No.2 through VC.

The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offence, the gravity of the case, and the amicable settlement between the concerned parties.

Headnote:

Quashing of FIR - Relationship Dispute - Section 341/354D/509 IPC - The court discussed the settlement between the parties, the nature of the offences, and the exercise of inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the process of the court.

Fact of the Case:

The petitioner was accused of stalking and threatening the victim after their relationship ended. However, the parties later entered into a settlement and the victim expressed her willingness to forgive the petitioner and lead a peaceful life.

Finding of the Court:

The court found that the parties had amicably settled their disputes and the victim had no objection to quashing the FIR. Considering the settlement and the nature of the offences, the court decided to quash the FIR and all proceedings emanating from it.

Issues: The main issue was whether the court should quash the FIR and related proceedings in light of the settlement between the parties.

Ratio Decidendi: The court considered the settlement, the nature of the offences, and the exercise of inherent powers under section 482 of the Code to reach the decision to quash the FIR and related proceedings.

Final Decision: The court quashed FIR No. 451/2015 registered at PS Malviya Nagar under Section 341/354D/509 IPC and all the other proceedings emanating therefrom.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 451/2015 registered at PS Malviya Nagar under Section 341/354D/509 IPC.

2. Briefly stated, the present FIR was registered on the complaint of the victim/Respondent no. 2 wherein she alleged that she was in a relationship with the petitioner for around 8months, and during those 8 months petitioner used to drink a lot of alcohol and thereafter used to abuse her. Further, it is alleged that the petitioner used to create Drama at respondent no. 2's house at 12 AM. Thereafter, respondent no. 2 finally decided to move on in life and she stopped talking to the petitioner. The petitioner started chasing and stalking respondent No. 2 everywhere. Petitioner further used to call the friends of respondent no 2 and laterhe started threatening the victim over the phone that he would come toher rented apartment and create a tamasha in front of thehouse owner. Petitioner also threatened to block the respondent no. 2's way. The petitioner also threatened to commit suicide. Hence the present FIR was registered.

3. It is submitted that 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.

4. It is submitted that during the pendency of the proceedings before the trial Court, the Petitioner and Respondent No. 2 signed a Settlement Deed dated 22.02.2020. Further, respondentno. 2 had filed a representation before the Police station Malviya Nagar which was registered videDD no. 83 B, wherein Respondent no. 2 hadcategorically stated that the entire dispute betweenthe Petitioner and Respondent no. 2 culminatedon account of the relationship and breakup issues andnow both the petitioner and respondent no. 2 weremarried and well settled in their life's. Hence, Respondent No. 2 has agreed to forgive the Petitioner of her own free will without any threat, fear, force, or coercion and has condoned all his acts and omissions, and as such Respondent No. 2 does not want to continue any further litigation and is willing to lead her normal peaceful life.

5. It is submitted that Respondent No. 2 now has no grievance of any kind against the Petitioner. The parties have resolved their disputes amicably and aSettlement agreement dated 22.02.2020 has been effected between the Petitioner and the Complainant/Respondent No. 2 herein on the following terms and conditions:

    "1. That the dispute between the parties has been amicably resolved with the intervention of family and friends/relatives.

    2. As per the settlement, it is agreed that both parties are left with no grievances against each other and are now leading their lives respectfully without any intervention from any corner and would like to continue to do so peacefully.

    3. It is agreed that Complainant shall withdraw her complaint based on which the FIR no. 451/2015 dated 09.03.2015 got registered against the Accused and is currently pending adjudication in the court of Ms. Swati Gupta, MM, Mahila Court, Saket Court, New Delhi as Cr.C No. 2037915/2016.

    4. It is also agreed that the Complainant has no objection if the FIR no. 451/2015 is quashed against the Accused. That the complainant also undertakes to co-operate & assist the Accused in getting the said FIR no. 451/2015 dated 09.03.2015 quashed by signing the appropriate quashing petition and appearing in person before the Hon'ble High Court of Delhi, when required.

    5. That all disputes and differences have been resolved between parties through mutual consent and now no dispute survives among parties mentioned herein above. Hence it is mutually agreed that the proceedings arising out of the above said FIR be brought to an end.

    6. It is also agreed between both parties that the accused shall not initiate any criminal/civil proceedings in respect of the above mentioned FIR against the complaint herein. The accused herein further undertakes to never

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