In an order passed on July 19, a Bench of Justice Sharad Kumar Sharma directed the man to plant 50 trees under the supervision of the Horticulture Department within one month.
“Owing to the aforesaid, the proceedings of Criminal Case No. 2453 of 2022, State Vs. Neeraj Kirola, presently pending consideration before the Court of Chief Judicial Magistrate, Nainital, would hereby stand quashed. But, since the offence being not compoundable, the quashing of the aforesaid criminal proceedings would be subject to the conditions, as contained hereunder:- “1. That the applicant would be planting fifty trees in an area to be identified by the Horticulture Department of his District or Taluka to which he belongs, at his own cost,” the order said.
The Court further clarified that failure to comply with the condition would result in the automatic revival of the case, and the accused would be prosecuted accordingly.
“It is only upon the submission of the certificate of the planting of the fifty trees to be issued by the competent authority of the Horticulture Department, which has to be submitted before the competent court ceased with the criminal proceedings, that the proceedings would be dropped, in compliance of the today’s order passed in the present applications,” the Court made it clear.
The Court also said that the quashing of the case in itself should carry a lesson for the applicant that in future he would not engage in such types of offences and he should reckon how to acknowledge the sanctity of a friendly relationship.
Source: Barandbench
