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The Delhi High Court recently 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.
A single judge bench of Justice Jasmeet Singh 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.
The matter pertained to a petition seeking quashing of an FIR and all consequential proceedings therefrom. As per the FIR, one Mr. Aggarwal was accused of cheating, fraud and misappropriation of money to the tune of Rs.90 lacs under an agreement to give a land as per scheme launched Trishul Residency Pvt. Ltd in Sector 49, Faridabad, Haryana.
The parties settled the disputes by the petitioner handing over post dated cheques worth rupees 2 crores to the complainant.
Since the dispute contested was in the nature of a civil dispute, no chargesheet had been filed in the matter yet. Moreover, the court also observed that considering that the complainant is an old lady who wishes to put a quietus to the present matter, it is a fit case for quashing FIR.
However, as a condition precedent to quashing the proceedings, the court directed the petitioner and the respondent to plant 200 trees each, before the monsoon sets in, in consultation with the Horticulture Department of the concerned MCD and indicate the area, where the trees are to be planted.
Each tree is to have a nursery life of three years and the petitioner and the respondent are to look after their respective allotted trees for five years. Parties have also been directed to file a 6 monthly status report along with photographs of the trees.
As per the directions of the court, the planting of trees is to be completed within a period of 6 weeks from today.
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