The Bombay High Court in the case of Suresh Nivrutti Gangurde and anr. v/s Pooja Nilesh Dalavi and anr. ordered a man booked for outraging the modesty of a woman living in his neighborhood to plant 10 trees within six weeks and get his FIR quashed.
The petitioners have approached the Court for seeking quashment of FIR registered for the offences under Sections 354, 509, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860.
The incident in question giving rise to the FIR mentioned above was an outcome of misunderstanding between the parties. It is submitted before the Court that the petitioners and respondents are the residents of the same society and there were cordial relations between the members of the society and it is then submitted that post filing of the FIR, better sense prevailed over the parties. Respondent has filed an affidavit in the Court, wherein she has stated that she has filed the present complaint under the misunderstanding and, therefore, she has no objection for quashing of FIR for the alleged offences under Sections 354, 509, 323, 504, 506 along with 34 of the Indian Penal Code on the basis of complaint filed by her. It is further stated that the dispute between the petitioners and respondent is amicably settled and both are staying happily in the same society and, therefore, in the interest of both the parties, it is necessary to quash the FIR registered for the alleged offences against the petitioners.
The division bench of Justice Anil S. Kilor and Justice Prasanna B. Varale that the respondent filed an affidavit in the Court stating that the dispute between the parties is amicably settled, and the lodgement of the FIR at her instance was due to misunderstanding and she has no objection for quashing the FIR.
The court after observation said that continuation of the case would be nothing but a futile exercise. No purpose would be served by keeping the FIR alive, except burdening the Criminal Courts which are already overburdened.
The court while allowing the petition quashed the FIR registered, for the offences under Sections 354, 509, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860, subject to the petitioners and respondent planting 10 trees each in the premises of their residential Society within a period of six weeks from today.
“Upon planting the trees, the parties shall obtain a certificate from the Secretary of the Society to that effect and place the same on record of this petition within eight weeks from today. Failing to do so, the order quashing FIR shall stand recalled automatically and petition shall stand dismissed automatically without further reference to the Court and order quashing the FIR shall be treated as non-est”, the court said.