The Delhi High Court recently comprising of a bench of Justice Jasmeet Singh agreed to quash a First Information Report (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. (Harish Chandra Agarwal v. State)
The bench observed that the matter is a civil dispute and the complainant is an old lady who merely wishes to put an end to the proceedings.
Facts of the case
The petition sought quashing of FIR registered u/s 406/420 IPC and all consequential proceedings arising therefrom. As per the FIR, Mr. Harish Chander Aggarwal was accused by the complainant/ Respondent no. 2 of cheating, fraud and misappropriation of money to the tune of Rs. 90 lacs under an agreement to give a land measuring 666 sq. yards under the scheme launched by Trishul residency Pvt. Ltd. Sector 49, Faridabad, Haryana
The quashing petition is based upon a settlement compromise deed, wherein the petitioner has agreed and undertaken to pay to respondent No. 2, a sum of Rs. 2,00,00,000/- in full and final settlement of all her claims. The petitioner submitted that all cheques on presentation will be honoured.
The parties submitted that the compromise has been effected out of their own free will without any undue pressure, threat, or coercion. The petitioner submits that on the basis of the compromise and on the basis of the undertaking, the cheques on presentation will be honoured.
Courts Observation and Judgment
The bench at the very outset 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 quashing the proceedings remarked, "For the above stated reasons, 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.
b) 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.
c) The I.O. concerned shall be in touch with all the petitioners to do the needful. d) 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. List for compliance on 23.08.2022."
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