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Judgment
23 paragraphs · 386 wordsSANJEEV SACHDEVA, J
Crl. M.A. No.33430/2018 (for exemption)
Exemption allowed, subject to all just exceptions.
Crl. M.C. No.5048/2018
Petitioners seek quashing of FIR No.402/2010 under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act, Police Station Jyoti Nagar,
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. Petitioner Nos.4 and 5 are sisters-in-law of the respondent No.2. Â
Learned counsel for the petitioners submits that the parties have settled their disputes through the process of mediation held before Delhi Mediation
Centre, Karkardooma Courts, Delhi, on 17.08.2013. The parties have already been divorced by way of a decree of divorce by mutual consent, passed
on 16.01.2015.
Respondent No.2 was to be paid a total sum of Rs.1,20,000/- in full and final settlement of all her claims. A sum of Rs.90,000/- has already been
paid. The balance sum of Rs.30,000/- has been paid to the respondent No.2 in cash.
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 and the fact that the parties have already been divorced by way
of a decree of divorce by mutual consent, passed on 16.01.2015, 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.402/2010 under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act, Police Station
Jyoti Nagar and the consequent proceedings emanating there from are quashed.
Order Dasti under the signatures of the Court Master. Â