A US judge on Thursday granted the Justice Department's request to dismiss its criminal case against Boeing, according to a court filing, allowing the plane maker to avoid prosecution over two fatal 737 Max crashes that killed 346 people.

The decision clears the way for the US to enter a non-prosecution agreement with Boeing in which the company will pay more than $1.1 billion in fines to family members of the crash victims.

As part of the deal, Boeing would also have to make commitments to strengthen security and compliance processes.

A US federal judge dismissed a criminal case against Boeing over two fatal 737 Max crashes. Screengrab / US District Court for the Northern District of Texas

“We are committed to honouring the obligations of our agreement with the Department of Justice. We are also committed to continuing the significant efforts we have made as a company to strengthen our safety, quality and compliance programmes,” Boeing said.

The decision by US District Judge Reed O’Connor in Fort Worth, Texas, to dismiss the case resolves Boeing's legal battle over a criminal charge related to the two 737 Max crashes in Ethiopia and Indonesia in 2018 and 2019.

Thursday's decision came despite objections from some victims' families who wanted the case to go to trial.

The families intend to file an expedited writ of mandamus, a court order that commands a public official to do their duty, to appeal against Mr O'Connor's decision, they said in a statement through their legal counsel.

"He reluctantly concluded that he was powerless to do anything about the reprehensible deal. We believe that the courts don’t have to stand silently by while an injustice is perpetrated," said Paul Cassell, who represents some family members of the crash victims on a pro bono basis.

But Mr O'Connor wrote that the government “has not acted with bad faith, has given more than mere conclusory reasons for its dismissal, and has satisfied its obligations” under the Crime Victims' Rights Act, according to the filing.

Boeing entered into a deferred prosecution agreement with the Justice Department in 2021 after it was criminally charged with conspiracy to defraud the US on allegations that it had blocked the Federal Aviation Administration's evaluation of the Boeing 737 Max Manoeuvring Characteristics Augmentation System.

The US aerospace company came under scrutiny last year after a door plug blew mid-flight on a 737 Max 9 aircraft operated by Alaska Airlines. And in May last year the Justice Department accused Boeing of breaching the terms under the 2021 deal because it failed to address compliance measures.

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