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Judgment
SANJEEV SACHDEVA, J
Crl. M.A. 28082/2018(exemption)
Exemption is allowed subject to all just exceptions.Â
CRL.M.C. 3551/2018
The petitioners seek quashing of FIR No.475 of 2015 under Sections 498A/406 IPC, Police Station: Uttam Nagar, based on a settlement. It is
contended that the FIR was lodged consequent to a matrimonial discord. Â
As per the settlement, a total sum of Rs. 3,10,000/-Â was agreed to be paid to respondent no. 2. The amount of Rs. 2,00,000/- has already been
paid to respondent no. 2. The balance amount of Rs.1,10,000/- has been paid by way of Demand draft No.003288 dated 06.07.2018 drawn on State
Bank of India.
Learned counsels for the parties submit that the parties have settled their disputes and have amicably dissolved their marriage by mutual consent
and decree of divorce dated 06.03.2018 has been passed. It is further submitted on behalf of the parties that parties had entered into the settlement
before the Family Court, Dwarka Courts, New Delhi dated 31.08.2017. Â
Learned counsels for the parties inform that other disputes between the parties have also been resolved and proceedings have been concluded on
the basis of the subject settlement.
Respondent no. 2 who is present in court in person and represented by counsel, is identified by the IO. Respondent no. 2 submits that she has
settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any
further.Â
In view of the fact that the disputes between the petitioner and respondent no. 2 emanate out of a matrimonial discord and have been settled,
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 there from. Â
In view of the above, the petition is allowed. FIR No.475 of 2015 under Sections 498A/406 IPC, Police Station: Uttam Nagar, and the
consequent proceedings emanating there from are, accordingly quashed.Â
Order Dasti under signatures of the Court Master.