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The allegation against the man was that he sent indecent photographs and videos to a girl on Facebook whose family was known to him.
The Uttarakhand High Court recently directed a man to plant 50 trees as a condition while allowing his application to quash a sexual harassment case against him.
The bench of Justice Sharad Kumar Sharma allowed the application filed by the man under Section 482 CrPC on the ground that the victim herself, on account of the accused's apology, had expressed her intention to not prosecute him any further.
Since the offences as alleged against the accused under Section 354A of IPC and Sections 67(a) and 67 of the Information Technology (Amendment) Act, 2008 were not compoundable, court made the quashing of the case subject to the condition of plantation of 50 trees.
The case against the accused was registered on the complaint of a girl whose family was known to the accused. The girl had alleged that after she accepted the accused's friend request on Facebook, he started misusing the same and sent her indecent photographs and videos.
The investigation officer found the allegations against the accused prima facie true and filed a chargesheet. The magistrate court also issued summons to the accused. However, he moved the high court seeking direction to quash the whole criminal proceeding against him.
Along with his application, the accused attached an independent affidavit of the girl which stated that she had accepted the accused's apology and since the accused was known to her family, she did not intent to prosecute him any further.
Court said that though in view of the facts of the case, the compounding application could be considered but the composition should carry a lesson for the accused 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.
Therefore, court directed the accused to plant 50 trees in an area as identified by the Horticulture Department of his District or Taluka to which he belongs, at his own cost.
Court ordered that it is only upon the submission of the certificate of the planting of the fifty trees the proceedings against the accused would be dropped.
Case Title: Neeraj Kirola v State
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