Plant 10 trees and look after them for 10 years: Delhi HC’s condition for quashing 2017 FIR over altercation

Justice Singh said the trees need not be in one cluster but can be planted in "parks, boundary walls" etc, wherever the department concerned deems fit and proper, adding that the plantation process shall be carried out within four weeks.

The High Court said it does not see any fruitful purpose served if criminal proceedings are permitted to be prosecuted any further, noting that it was a fit case for quashing. (File Photo)

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While hearing a plea seeking quashing of a 2017 FIR pertaining to an altercation between two parties, the Delhi High Court has directed the petitioners to plant 10 trees of indigenous variety and look after them for 10 years.

A single-judge bench of Justice Jasmeet Singh in its May 29 order quashed the FIR. Justice Singh directed the petitioners to, “plant 10 trees each of indigenous variety in the vicinity of their residence, in consultation with the Investigating Officer, who shall get in touch with the concerned Horticulture Department of the MCD and indicate the area, where the trees are to be planted”.

Justice Singh said the trees need not be in one cluster but can be planted in “parks, boundary walls” etc, wherever the department concerned deems fit and proper, adding that the plantation process shall be carried out within four weeks.

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“The learned APP, for the State shall be informed with regard to each and every step in this regard. The IO concerned shall be in touch with the petitioners and ensure that the petitioner does the needful. 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,” the HC further ordered.

The First Information Report stated that there was an altercation between the two parties on Holi in 2017 as a result of which one of the respondents was hit on the head with a “danda”. It was filed under sections 308 (Attempt to commit culpable homicide), 452 (House-trespass after preparation for hurt, assault or wrongful restraint), 341 (Punishment for wrongful restraint), 506 (Punishment for criminal intimidation), 323 (Punishment for voluntarily causing hurt), and 34 (common object) of the Indian Penal Code (IPC)/

The court noted that during the pendency of the proceedings, the parties had arrived at a settlement on December 6, 2019, wherein the “respondents Nos.2 to 6 have settled the dispute” with the petitioners. “Respondent Nos 2 to 6 state that they do not wish to prosecute the FIR any further and want to put a quietus to the entire matter. The petitioners also regret their action and undertake to never repeat the same in future,” the court noted.

The parties submitted before the HC that they have entered into the settlement out of their own “free will, volition and without any threat, force, undue influence or coercion”. The complainants also said that they have no objection if the FIR is quashed, the court noted.

The High Court said it does not see any fruitful purpose served if criminal proceedings are permitted to be prosecuted any further, noting that it was a fit case for quashing. The court, however, observed that “considerable time of the police and judicial time” had been wasted as the FIR was registered in 2017.