Bombay High Court quashes FIR subject to parties planting 10 trees

The Bombay High Court recently quashed a first information report (FIR) against two accused men subject to the condition that they and the complainant plant ten trees in their residential society within a period of six weeks [Suresh Nivrutti Gangurde and anr. v. Pooja Nilesh Dalavi and anr.].A Bench of Justices PB Varale and AS Kilor imposed the condition after the parties informed the Court that they have amicably settled the matter. "FIR for the offences under Sections 354, 509, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860, is quashed subject to the petitioners and respondent No.1 planting 10 trees each in the premises of their residential society within a period of six weeks," the Court ordered. The parties were directed to obtain a certificate from the secretary of the society to that effect, and place the same before the Court within eight weeks.The order explicitly stated that in case of failure to place on record such certificate, the order quashing the FIR would stand automatically recalled..The FIR against the two accused was filed by the complainant for offences under Sections 354 (assault or criminal force against woman with intention to outrage her modesty) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code (IPC).The Bench was informed by the counsel for both sides that the incident which gave rise to the FIR was “an outcome of misunderstanding between the parties”.Considering that the dispute between the parties had been amicably settled, the FIR was lodged based on a misunderstanding and since the complainant had no objections to the quashing of the FIR, the Court opined that continuation of the case would be a futile exercise..Advocate Abhijit Y Patil appeared for the petitioners while advocate Dilip Shinde appeared for the complainant. Additional Public Prosector SD Shinde appeared for the State.[Read order]