Facebook Sexual Harassment: Uttarakhand High Court Orders Accused To Plant 50 Trees As Condition To Quash Criminal Proceedings

In a peculiar order, the Uttarakhand High Court has ordered a man, accused of sexually harassing a lady over social media platform Facebook, to plant 50 trees as a condition to quash criminal proceedings pending against him.

While giving relief to the accused, the Single Bench of Justice Sharad Kumar Sharma observed,

“But, composition in itself should carry a lesson for the applicant that in future he would not engage himself in such types of offences and he should reckon how to acknowledge the sanctity of a friendly relationship.”

The applicant/accused had sent a friend request on Facebook to the complainant which she had accepted. After some days, the applicant started sending indecent and objectionable videos and photographs to the complainant.

The complainant lodged an FIR against the accused for the aforesaid overt act which was registered under Section 354A of the IPC and Section 67 and 67A of the Information Technology Act. A chargesheet was filed under the said provisions and summons was issued to him.

Being aggrieved by the initiation of criminal proceedings, the applicant approached the High Court under Section 482 of the Code of Criminal Procedure, seeking to quash the entire criminal proceedings.

Subsequent to the quashing petition, an interim application was filed stating that the parties wish to compound the offences. An affidavit was filed to that respect by the parties.

The Court interacted with the complainant who expressed her consent for dropping the case as the applicant had apologised her, which she had duly accepted.

However, the Government Advocate opposed the compounding application on the ground that the offence under Section 354A of IPC is not compoundable under Section 320 of the CrPC.

After hearing the parties, the Court observed that offence under Section 354A of the IPC is a crime against the State. Nevertheless, having regard for the agreement reached by both the parties, the Court deemed it proper to exercise its inherent power under Section 482 of the Code and to quash the proceedings.

“…looking to the nature and gravity of offences and also coupled with the fact, that the parties have close affinity with one another, owing to their relationship which they have developed on Facebook, coupled with the fact, that the applicant was known to the family members of the complainant, in order to maintain peace and harmony amongst themselves, the Compounding Application is required to be considered by this Court in the exercise of its powers under Section 482 of CrPC,” it added.

But before quashing the pending case, the Court laid down a very unique condition by requiring the applicant to plant 50 trees, with the aid of Horticulture Department, within one month. It clarified that if he fails to comply with this condition, the case will automatically revive and he will 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, its then only the proceedings would be dropped,” the Court ordered.

Case Title: Neerj Kirola v. State of Uttarakhand & Anr.

Case No.: C482 No. 1437 of 2023

Order Dated: July 19, 2023

Counsel for the Applicant: Mr. Dharmendra Barthwal, Advocate

Counsel for the Respondents: Ms. Mamta Joshi, Govt. Advocate for the State; Mr. Paritosh Dalakoti, Advocate for the Private Respondent

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