Urgent Need To Prevent Depleting Green Cover: Delhi High Court Orders Parties To Deposit 25K Cost Towards Green Highways Fund

The Delhi High Court has quashed a cheating FIR of 2017 following a settlement between the parties and imposed a cost of Rs. 25,000 on the accused persons as well as the complainant to be utilized for plantation of trees along the national highways.

Justice Swarana Kanta Sharma directed that the cost be deposited in the Green Highways Fund which is formed pursuant to a project for Greening (Plantation & Its Maintenance) of National Highways, launched by the Ministry of Road Transport & Highways.

"There has been an urgent call to pay attention towards the depleting green cover. We need to ensure suitable steps are taken to protect environment for the coming generations. Becoming part of programmes towards improving green corridors is the need of the hour," the Court said.

The FIR was registered under Section 420 of Indian Penal Code in 2017 against four persons for allegedly promising that the complainant's money will get doubled if he invests the same in a society. As per the complainant, a sum of Rs. 26,50,000 was invested with the said society. However, the Petitioners showed no intention to return the monies. 

Later, with the intervention of family members, common friends and relatives, the parties reached an amicable oral settlement in April, 2022.

Accordingly, the Court quashed the FIR in view of the fact that the parties had amicably resolved their differences of their own free will. However, since the matter was pending for the last 5 years before various courts, the Court opined that the parties had taken their own time to inform the court finally that the FIR be quashed.

"In these circumstances, the time of the court and the investigating agency both has been consumed. The parties have expressed their willingness to compensate for the time so consumed by donating something for a socially relevant cause," the Court said.

It added "The cost of Rs.25,000/- imposed upon the parties is directed to be deposited with "Green Highways Fund" which shall be used for the purpose of landscaping and plantation of trees along the National Highways."

Case Title: ANIL KUMAR & ORS. v. THE STATE & ANR.

Citation: 2022 LiveLaw (Del) 820

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