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Judgment
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.32315/2018 (exemption)
Exemption is allowed subject to all just exceptions. CRL.M.C. 4739/2018
Petitioners seek quashing of FIR No.188/2015 under Sections 498A/406/34 IPC, Police Station Ashok Vihar, based on a settlement. Â
Subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the father-in-law
and mother-in-law of the respondent No.2.
Learned counsel for the petitioners submits that the parties have settled their disputes through the process of mediation held at Delhi Mediation
Centre, Rohini on 17.05.2018.
The respondent No.2 was to be paid a total sum of Rs.5,00,000/- in full and final settlement of all her claims. The sum of Rs.3,00,000/- has been
paid. The balance sum of Rs.2,00,000/- has been paid by way of Demand Draft No.509325, dated 15.09.2018 drawn on ICICI Bank.
As per the settlement, the permanent custody of minor child shall remain with respondent No.2. Petitioners who are present in Court undertake that
they shall not claim any rights contrary to the settlement terms. The undertaking is accepted.
The 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.
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 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.188/2015 under Sections 498A/406/34 IPC, Police Station Ashok Vihar and the consequent
proceedings emanating there from are quashed.
Order Dasti under the signatures of the Court Master.