Plant 10 Trees, File Status Report With Photos Every Year For A Decade: Delhi High Court's Condition For Quashing FIR Related To Altercation
Quashing an FIR related to an altercation, the Delhi High Court directed the accused to plant 10 trees each of indigenous variety in the vicinity of their residence, in consultation with the Investigating Officer.Justice Jasmeet Singh asked the IO to get in touch with the concerned Horticulture Department of the MCD and indicate the area, where the trees are to be planted. "The trees need not...
Quashing an FIR related to an altercation, the Delhi High Court directed the accused to plant 10 trees each of indigenous variety in the vicinity of their residence, in consultation with the Investigating Officer.
Justice Jasmeet Singh asked the IO to get in touch with the concerned Horticulture Department of the MCD and indicate the area, where the trees are to be planted. "The trees need not be in one cluster but can be in parks, boundary walls etc, wherever the concerned department deems it fit and proper. The plantation process shall be carried out within 4 weeks," said the court.
The FIR was registered Sections 308,452,341,506,323,34 IPC, and has been quashed after the parties compromised the matter.
The FIR alleged that a group of men were causing a disturbance outside the complainant's jhuggi. When he requested them to refrain from making noise, they initiated an argument and subsequently, the accused returned with a stick and struck both the complainant and his wife on their heads. The complainant's brother-in-law intervened to stop them but was also subjected to multiple blows, as per the complaint.
In response to a petition seeking quashing of the FIR, the complainant and the victims said they do not wish to prosecute the FIR any further and want to put a quietus to the entire matter. Allowing the plea for quashing, the court said it does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further.
However, the court also said the police machinery has been put in motion on account of the acts of commission & omission on behalf of the parties and useful time of the police, which could have been utilised for important matters, has been misdirected towards this case.
"The petitioners are stated to be belonging to poor strata of society. Hence, I refrain from imposing costs on the petitioners. However, I am of the view that the petitioners must do some social good," said the court.
While quashing the FIR, the court asked the petitioners to plant 10 trees each and further directed them to look after the trees for next 10 years.
"The learned APP, for the State shall be informed with regard to each and every step in this regard. The above planting of trees shall be completed within a period of 4 weeks from today," it said in the order passed on May 29.
The court also said that after the initial planting of trees, the parties shall file a compliance report. "The petitioner and respondent No.2 shall file a status report every 1 year for 10 years giving the status of trees planted along with photographs," it ordered further.
Case Title: Sachin @ Joginder Singh v. State Govt Of NCT Of Delhi & Ors.
Citation: 2023 LiveLaw (Del) 522