Taking note of settlement HC quashes FIR subject to parties planting 400 trees
New Delhi: Taking note of the settlement reached between parties, the Delhi High Court has quashed an FIR registered for cheating, fraud, and misappropriation of money to the tune of Rs 90 lakh subject to both the accused and the complainant planting 400 trees before the monsoon season.
Further, the high court noted that the petitioner accused would pay the complainant a sum of Rs 2 crore in full and final settlement of all her claims.
Justice Jasmeet Singh said that the complainant was an old lady who wished to put a quietus to the matter in view of a settlement and asked her as well as the alleged offender to plant 200 trees each having a nursery life of three years and to look after their respective allotted trees for
five years.
"FIR No. 12/2022 dated 17.01.2022 registered at P.S. Barakhamba Road u/s 406/420 IPC and all consequential proceedings arising therefrom is hereby quashed subject to the following conditions and its compliance: a) The petitioner and the respondent will plant 200 trees each (before the monsoon season sets in), in consultation with the Investigating Officer, who shall get in touch with the Horticulture Department of the concerned MCD and indicate the area, where the trees are to be planted," ordered the court in its order dated May 31.
The order was passed on a petition by the accused seeking a direction to quash the FIR and all the consequential proceedings.
Justice Singh directed that the plantation be completed within six weeks and sought a compliance report from the investigating officer.
The court also sought status reports every six months on trees planted along with photographs from the parties.
"After the initial planting of trees, the I.O. will file a compliance report. The petitioner and respondent will file a status report every six months giving the status of trees planted along with photographs," the order said.
The parties submitted before the court that they had arrived at a compromise out of their own free will without any undue pressure, threat, or coercion, as per which the petitioner accused would pay the complainant a sum of Rs two crore in full and final settlement of all her claims.