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"Plant 200 Trees Each": Delhi High Court Imposes Condition While Allowing Compromise Between Parties In Cheating Case
LIVELAW NEWS NETWORK
7 Jun 2022 6:30 AM GMT
The Delhi High Court recently agreed to quash a cheating FIR on the basis of a compromise entered into between the parties, subject to both of them planting 200 trees each.The dispute pertained to alleged cheating, fraud and misappropriation of money to the tune of Rs. 90 lacs under an agreement to give land.A single bench Justice Jasmeet Singh observed that the dispute is of civil nature...
The Delhi High Court recently agreed to quash a cheating FIR on the basis of a compromise entered into between the parties, subject to both of them planting 200 trees each.
The dispute pertained to alleged cheating, fraud and misappropriation of money to the tune of Rs. 90 lacs under an agreement to give land.
A single bench Justice Jasmeet Singh observed that the dispute is of civil nature and the complainant is an old lady who wants to put an end the proceedings. Thus, it observed,
"Since the dispute is contested to be in the nature of a civil dispute, no charge sheet has been filed in the matter yet and considering that the complainant is an old lady who wishes to put quietus to the present matter, the court thinks this is a fit case for quashing."
The Bench added,
"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."
As per the compromise agreement, the petitioner (accused) had agreed and undertaken to pay to respondent No. 2 (complainant), a sum of Rs. 2,00,00,000/- in full and final settlement of all her claims. The petitioner was present in court and handed a post date cheque of Rs. 2,00,00,000/- starting from 28.05.2022 and ending on 07.01.2024. He assured that all cheques on presentation will be honoured.
The Court, while allowing the plea, ordered:
"1. 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.
2. Each tree shall have a nursery life of 3 years and the petitioner and the respondent will look after their respective allotted trees for 5 years. The learned APP, for the State shall be informed with regard to each and every step in this regard. The 6 monthly status report along with photograph shall be filed. The above planting of trees shall be completed within a period of 6 weeks from today.
3. The I.O. concerned shall be in touch with all the petitioners to do the needful.
4. After initial planting of trees, the I.O. will file a compliance report. The petitioner and respondent will file a status report every 6 months giving the status of trees planted along with photographs."
Case Title: Harish Chandra Agarwal v. State
