Ajay Elangovan v. State and Anr.

1. 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:

6. Respondent No.2 appeared through VC and stated that she had entered into the settlement voluntarily. The petitioner is also present in court. Both the parties have duly been identified by the IO. Respondent No. 2 submits that she has entered the settlement voluntarily without any fear, force, or coercion.she has no objection if FIR No. 451/2015 registered at PS Malviya Nagar under Section 341/354D/509 IPC is quashed.

7. The Hon’ble Supreme Court in Saju P.R. v. State of Kerala, Criminal Appeal No.1740/2019 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 pending against him deserves to be acceded to for doing complete justice to the parties concerned.”

8. The Kerala High Court in Vishnu v. State of Kerala &Anr. and other connected matters, 2022 SCC Online Ker 4361 inter-alia held that:

9. 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 non-compoundable offences after considering the nature of the offence, the gravity of the case, and the amicable settlement between the concerned parties.