In the current case of on-line sexual harassment, the complainant
alleged the accused to be concerned in fee of offences below
Sections 354A of Indian Penal Code, 1860 and Sections 67and 67A of
the Information Technology (Amendment) Act, 2008.

It was alleged that on the idea of an acceptance of a
good friend’s request on Facebook, the accused had misused the identical
and had began sending indecent images and movies, which had been
objectionable. Thereafter, an FIR was lodged on February 03,
2021.

On registration of FIR, the Investigation Officer carried out the
inquiry and the offence towards the accused was prima facie discovered
to be true within the Charge sheet dated January 17, 2022.

Consequently, the summoning order was issued whereby the accused
was summoned to be tried by the Court of Chief Judicial Magistrate,
Nainital.

Being aggrieved by the initiation of felony proceedings, the
accused filed the current utility difficult the cost sheet
and the summoning order below Section 482 of Criminal Procedure
Code (CrPC). Subsequent to the quashing petition, an interim
utility was filed with an intent to compound the offences.

The complainant made a press release that an apology was expressed
by the accused/applicant which was accepted by her finish,
notably because the applicant is understood to her relations and
owing to the identical, she didn’t intend to prosecute the applicant
any additional for the offences so levelled towards him.

The Compounding Application was strongly opposed by the discovered
Government Advocate on the bottom that the offence below Section
354A of IPC is an offence towards the society and isn’t
compoundable below Section 320 of the CrPC; although the offence
below Sections 67 and 67A of the IT Act had been compoundable below
Section 77A of the it Act.

Court’s evaluation

In view of the aforementioned statements, the Single Bench of
Hon’ble Mr. Justice Sharad Kumar Sharma opined that
“trying to the character and gravity of offences and likewise
coupled with the very fact, that the events have shut affinity with
one another, owing to their relationship which they’ve developed
on Facebook, coupled with the very fact, that the applicant was recognized to
the relations of the complainant, in an effort to preserve peace
and concord amongst themselves, the Compounding Application is
required to be thought of by this Court within the train of its
powers below Section 482 of CrPC.”

In addition, the court docket opined that composition in itself
ought to carry a lesson for the applicant that in future he wouldn’t
have interaction himself in such varieties of offences and he ought to reckon how
to acknowledge the sanctity of a pleasant relationship.

Accordingly, the proceedings pending earlier than the Court of Chief
Judicial Magistrate, Nainital hereby stand quashed. But because the
offence shouldn’t be compoundable, the quashing of the aforesaid felony
proceedings shall be topic to the next circumstances,
particularly:

1. That the applicant could be planting fifty timber in an space
to be recognized by the Horticulture Department of his District or
Taluka to which he belongs, at his personal price.

2. The plantation of the timber could be made within the respective
areas, from which he belongs, below the supervision of the
Horticulture Department.

3. It is barely upon the submission of the certificates of the
planting of the fifty timber to be issued by the competent authority
of the Horticulture Department, which must be submitted earlier than
the competent court docket ceased with the felony proceedings, its then
solely the proceedings could be dropped, in compliance of the order
handed within the current utility.

4. If the aforesaid compliance shouldn’t be made inside a interval of
one month from the date of the stated order, it’s going to routinely
outcome into the revival of the aforesaid felony proceedings.

5. If at any stage, any Officer of the Horticulture Department
is discovered to have issued a fraudulent certificates, he could be
criminally handled in accordance with regulation”

Owing to the aforementioned, the matter of on-line sexual
harassment was compounded and the applying stand disposed
of.

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