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Judgment
23 paragraphs · 397 wordsSANJEEV SACHDEVA, J
Crl. M.A. 34088/2018 (Exemption)
Allowed, subject to all just exceptions.Â
CRL.M.C. 5218/2018
Petitioners seek quashing of FIR No. 103 of 2016 under Sections 498A/406/34 IPC registered at Police Station Mianwali Nagar,  Delhi,
based on a settlement. Â
Subject FIR emanates out of matrimonial discord. Â
Learned counsel for the petitioners submits that parties have settled their disputes and settlement agreement/Memo of Understanding dated
20.04.2018 has been executed between the parties. Copy of the same has been produced. The same is taken on record. Parties have amicably
dissolved their marriage by mutual consent and decree of divorce dated 08.06.2018 has been passed.
As per the settlement, a total sum of Rs. 5 lakhs has been agreed to be paid by the petitioners to respondent no. 2 in full and final settlement of all
the claims of respondent no. 2. The entire sum of Rs. 5 lakhs has already been paid to respondent no. 2, who confirms the receipt of the same.Â
The respondent No.2 is present in person, represented by her 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
Both the parties are present in person and submit that they shall abide by the terms of settlement.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 08.06.2018, 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. 103 of 2016 under Sections 498A/406/34 IPC registered at Police Station Mianwali
Nagar,  Delhi and the consequent proceedings emanating there from are quashed.Â
Order Dasti under the signatures of the Court Master.Â