LI Network
Published on: 1 August 2023 at 11:20 IST
The Uttarakhand High Court has ruled that Section 354A of the Indian Penal Code (IPC) is not compoundable and should be considered an offense against society.
The court made this determination while dismissing a summoning order against an Applicant who was charged with sending objectionable videos and photos to Respondent no. 2 after she accepted his Facebook friend request.
The court directed the Applicant to refrain from such activities in the future and to understand the sanctity of a friendly relationship.
Justice Sharad Kumar Sharma observed that the Applicant should take the lesson from the composition and refrain from engaging in such offenses in the future.
The court highlighted that Section 354A of IPC is non-compoundable and should be viewed as an offense against society.
Respondent no. 2 had filed a complaint under Section 354A of IPC and Sections 67(a) and 67 of the Information Technology (Amendment) Act, 2008 (IT Act), alleging that the Applicant had sent objectionable materials after being accepted as a friend on Facebook.
The police found the allegations to be true and charge-sheeted the Applicant, leading to the issuance of a summoning order. However, the Applicant challenged the order and charge sheet in the High Court.
In the High Court, the Applicant filed an affidavit stating that Respondent no. 2 did not wish to prosecute the case due to the Applicant’s apology, which was accepted by Respondent no. 2.
The court, in exercising its inherent powers under Section 482 of the Criminal Procedure Code (CrPC), considered the compounding application due to the close connection between the families of the parties involved and to maintain peace and harmony among them.
The court emphasized that while considering the compounding application, the nature and gravity of the offenses, the close affinity between the parties on Facebook, and the fact that the Applicant was known to the family members of the complainant should be taken into account.
The court concluded that the Applicant should learn from the composition and understand the importance of maintaining the sanctity of a friendly relationship to avoid engaging in such offenses in the future.