New Delhi: A sexual harassment case cannot be quashed because the complainant and the accused have reached a ‘compromise’, the Supreme Court ruled on Thursday. The top court observed this while setting aside the Rajasthan High Court decision that quashed a sexual harassment case based on a compromise between the accused and the survivor, the Bar and Bench reported.
A Bench of Justices CT Ravikumar and PV Sanjay Kumar delivered the verdict and said, “The impugned order is quashed and set aside, FIR and criminal proceedings be proceeded with in accordance with law.” The bench clarified that it has not made any comments on the merits of the matter.
The verdict was reserved in October last year and came in a matter dealing with the question of whether a High Court, in the exercise of its powers under Section 482 CrPC, has the power to quash a sexual harassment case based on a compromise between the accused and the survivor, Bar and Bench reported.
The matter pertains to the sexual harassment of a 15-year-old girl whose father had filed an FIR. However, the accused and the victim’s family reached a compromise, based on which the accused moved the Rajasthan High Court seeking quashing of the case.
The High Court, taking cognizance of the plea, quashed the criminal case, Bar and Bench reported.
The matter reached the Supreme Court after an unaffected third party, Ramji Lal Bairwa, filed a petition objecting to the High Court’s order.
The top court had initially said that a petition cannot be filed by an unaffected party in a criminal case, however, later decided to take up the issue and examine it. It then ordered that the accused and the victim’s father be made a party to the case. In September 2022, a Bench of then Chief Justice of India UU Lalit and Justice JB Pardiwala appointed former Kerala High Court judge R Basant as Amicus Curiae in the matter to assist the court. The top court pronounced the verdict today.