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Judgment
SANJEEV SACHDEVA, J.
The petitioners seek quashing of FIR No.356/2015 under Sections 498A/34 IPC, Police Station Najafgarh. Â
Subject FIR emanates out of matrimonial discord. Â
Learned counsel for the petitioners submits that the parties have settled their disputes through the process of mediation held before National Lok
Adalat, on 09.12.2017. The parties have already been divorced by way of a decree of divorce passed on 02.04.2018.
Petitioner who is present in person undertakes that he shall, on the next date before the concerned Trial Court, withdraw the case FIR 740/2014, PS
Chhawla, u/s 325 IPC filed by him against the parents of respondent no.2 and has no objection to compounding/quashing of the subject offences. The
undertaking is accepted.Â
It has also been agreed that the permanent custody of the minor daughter shall remain with the respondent No.2 with certain visitation rights to the
petitioner. Petitioner undertakes that he shall not claim any rights contrary to the settlement terms. The undertaking is accepted.Â
Respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has settled her
disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.Â
In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the
respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have already been divorced by way
of a decree of divorce, passed on 02.04.2018, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that
the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be
expedient to quash the subject FIR and the consequent proceedings emanating therefrom.
In view of the above, the petition is allowed FIR No.356/2015 under Sections 498A/34 IPC, Police Station Najafgarh and the consequent
proceedings emanating there from are quashed.Â
Order Dasti under the signatures of the Court Master. Â