Mumbai: ‘Look after thousands of trees to get FIR quashed’

Mumbai: ‘Look after thousands of trees to get FIR quashed’

The HC has clearly said it is only after the duo would clean the gardens and look after the trees for 15 days, the FIR registered against one of them, would be quashed.

Narsi BenwalUpdated: Friday, October 25, 2019, 07:38 AM IST
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Bombay High Court |

Mumbai: In yet another ‘unique’ punishment, the Bombay High Court has ordered two businessmen to clean and maintain the trees, planted at the 20,000 sq ft Amaravati University campus.

The HC has clearly said it is only after the duo would clean the gardens and look after the trees for 15 days, the FIR registered against one of them, would be quashed.

A bench of Justices Sunil Shukre and Milind Jadhav was seized with a plea filed by the duo seeking to quash the FIR under charges of extortion.

One Majhar Khan (37) had registered an FIR against Ahfaz Ahmad, accusing him of extortion worth Rs 11 lakh. However, the duo later on settled the matter ‘amicably’ and petitioned the bench to quash the FIR.

“Now both of them have settled their dispute out of the Court. According to them, the whole dispute had arisen due to some misunderstanding in between them. They say that the complaint has been filed on exaggerated narration of the version by Khan is the result of anger,” the bench noted.

“However, after the complaint was lodged, law was set into motion and the police machinery had not only registered the offences, but also carried forward the investigation. Therefore, both of them would have to compensate the state one way or the other,” the bench said.

The bench, accordingly, opined that both Khan and Ahmad must do some community service and it would be the ‘most appropriate’ compensation.

“Both Khan and Ahmad shall perform community service in the nature of cleaning, gardening and maintenance of trees and plants etc spread over an area of 20,000 square feet situated in the campus of Amravati University,” the bench ordered.

“This community service would be for a period of 15 days starting from November 4, 2019 and ending on November 18, 2019 for two hours everyday.

The Registrar of Amravati University shall assign the area of 10,000 square feet to each of them for the purpose of community service,” the judges added.

The bench has also directed the Registrar of the HC to inform his counterpart at the varsity and make arrangements for the community service punishment. The HC has also sought a compliance report of the same.

As far as the facts of the case are concerned, the judges noted that the allegations or the averments made out in the FIR copy, did not amount to extortion.

“We find that although there has been an allegation of attempt to extort an amount of Rs. 11,00,000, that attempt ultimately did not result into payment of the amount by Khan to Ahmad under duress,” the bench noted.

“In other words, in this case, no money has changed the hands. It is well settled that in such a case, offence of extortion is not made out,” the judges added while quashing the FIR.

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