Delhi High Court: In a case pending for 5 years before Court, the parties finally reached compromise and sought quashing of FIR, Swarana Kanta Sharma, J. remarked that such conduct has consumed precious time of Courts. The Court imposed a cost of Rs 25,000 and directed the parties to pay the amount towards the depleting green cover by contributing in Green Highways Fund, a fund created for the purpose of landscaping and plantation of trees along the National Highways.
Respondent 2 invested Rs 26,50,000 with the petitioners as they falsely promised regarding doubling of money on investment in a society namely Anand Jan Sewa. On non-payment of money, conflict arose between the two, however an amicable oral settlement was reached with the intervention of family and friends . Thus, an instant petition was filed under Article 226 read with Section 482 of Criminal Procedure Code, by the petitioners, praying for quashing of FIR offences punishable under Sections 420 of Penal Code, 1860.
Respondent 2 submitted before the Court that he has entered into a compromise out of his own free will and without any pressure, coercion or threat. Thus, the Court noted that the parties have amicably resolved their differences of their own free will, and without any coercion and hence, it would be in the interest of justice to quash the above-mentioned FIR and the proceedings pursuant thereto.
The Court, however, noted that the matter has been pending for the last 5 years before various courts and the parties have taken their own time to inform the Court . In these circumstances, the time of the Court and the investigating agency have both been consumed.
Thus, the Court observed the latest urgent call to pay attention towards the depleting green cover. It stated that a project for Greening (Plantation & Its Maintenance) of National Highways was launched by the Ministry of Road Transport & Highways. The objective of the project is to ensure landscaping and plantation of trees along with the National Highways. A fund regarding the same has been formed called “Green Highways Fund”. The NHAI has been empowered to act as a Fund Manager for maintaining the account and to ensure release of payments as per the requests made by Regional Officer / PD and recommendations of monitoring agency (IHMCL).
The Court directed the parties to deposit the cost of Rs.25,000/- imposed upon them towards “Green Highways Fund” which shall be used for the purpose of landscaping and plantation of trees along the National Highways.
[Anil Kumar v. The State, WP (Crl.) 1954 of 2022, decided on 29-08-2022]
Advocates who appeared in this case :
For petitioner- Mr. Ashish Aggarwal, Advocate for petitioner 1 and 2 and Ms. Anuradha Yadav, Advocate for petitioner 3 and 4.
For respondent- Ms. Rupali Bandopadhyay, ASC for the State with SI Bansi Lal, P.S. Ambedkar Nagar.
*Arunima Bose, Editorial Assistant has put this report together.
