"Uttarakhand High Court Orders Accused of Online Sexual Harassment to Plant 50 Trees for Case Quashing
On July 19, the Uttarakhand High Court issued an order directing a man accused of sexually harassing a woman on Facebook to plant 50 trees as a condition to quash the case against him. The court, presided over by Justice Sharad Kumar Sharma, ruled that the accused must plant the trees under the supervision of the Horticulture Department within one month.
The order stated that Criminal Case No. 2453 of 2022, State Vs. Neeraj Kirola, would be quashed upon the successful completion of planting the trees. However, failure to comply with the condition would automatically revive the case, and the accused would face prosecution accordingly.
The accused had sent a friend request to the complainant on Facebook, which she accepted. But he later began sending her indecent and objectionable videos and photographs. This led to the complainant filing an FIR against him, resulting in charges of outraging the modesty of women and violating provisions of the Information Technology Act.
During the hearing, the complainant expressed her willingness to drop the case as the accused had apologized and she accepted it. However, the state counsel opposed compounding the offence under Section 354A of the IPC, citing its non-compoundable nature.
Although the Court recognized the seriousness of the offence, it utilized its inherent power to quash the proceedings based on the agreement between the parties. The Court emphasized that the quashing of the case should serve as a lesson for the accused to refrain from such actions in the future and to respect the sanctity of friendly relationships.
Advocate Dharmendra Barthwal represented the accused, while Advocate Mamta Joshi represented the State, and Advocate Paritosh Dalakoti appeared for the complainant."
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TAGS: Uttarakhand High Court online sexual harassment Facebook plant 50 trees quash case Justice Sharad Kumar Sharma Horticulture Department Criminal Case Section 354A Information Technology Act chargesheet FIR compoundable non-compoundable inherent power advocate accused complainant.
