Delhi High Court orders family to plant 50 saplings as condition to quash FIR

The Delhi High Court recently ordered a family to plant 50 saplings in parks as a condition for quashing a first information report (FIR) registered against them after the parties reached a settlement [Om Kumar & Ors v The State (NCT of Delhi) & Ors]..Justice Anoop Kumar Mendiratta ordered the accused family members to ensure that the saplings are upto three feet in height and are planted in the residential area within the jurisdiction of Sultanpuri Police Station where the FIR was registered.“The photographs of planted saplings along with report of IO / SHO concerned shall be forwarded to this Court within eight weeks. Further, the upkeep of the saplings / trees shall be undertaken by the authorities concerned. In case of non compliance of directions for planting of trees, the petitioners shall be liable to deposit cost of ₹25,000 with the Delhi State Legal Services Authority,” the Court ordered..The FIR in the case was registered under Sections 323 (voluntarily causing hurt), 354 (outraging modesty of a woman), 452 (house trespass), 506 (criminal intimidation) read 34 (common intention) of the Indian Penal Code after a woman complained that her neighbours attacked her with bricks and iron rods also molested her by touching her inappropriatelyShe further alleged that when her brother and father came to rescue, they were also assaulted..The matter was later amicably settled and, therefore, the Court quashed the FIR since the chances of conviction would be bleak. “Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 0191/2015 under Sections 323/354/452/506/34 IPC registered at P.S.: Sultanpuri and the proceedings emanating therefrom stand quashed.”However, the Court ordered the accused to plant 50 saplings..Advocate Basant Kumar Gautam appeared for the petitioner-family.State was represented through Additional Public Prosecutor Kiran Bairwa.Advocates Vijay Kumar and Harsh Dua represented the complainant. .[Read Order]