On Thursday (7th November), the Supreme Court of India (SC) held that the cases of sexual harassment can’t be quashed on the grounds that the accused party made a ‘compromise’ with the complainant. Notably, the apex court held the same while setting aside a Rajasthan High Court verdict that quashed a sexual harassment case after the accused and the survivor struck a compromise.
The two-judge bench comprising Justices CT Ravikumar and PV Sanjay Kumar delivered the verdict. The bench remarked, “The impugned order is quashed and set aside, FIR and criminal proceedings be proceeded with in accordance with law.”
However, the court noted that it had not commented on the merits of the case.
Supreme Court sets aside Rajasthan HC order that quashed sexual harrasment cases based on compromise.#SupremeCourtofIndia pic.twitter.com/mGbYjIbHN9
— Bar and Bench (@barandbench) November 7, 2024
The case details
In the present case, the apex court had reserved a verdict in October last year. The bench heard a challenge to the Rajasthan High Court verdict. The High Court had quashed the case using its powers under Section 482 CrPC.
The case pertains to the alleged sexual harassment of a 15- year-old girl and an FIR was lodged in this case based on the complaint of her father. But the girl’s family reached a compromise with the accused, which prompted the High Court to quash the case.
Following the High Court order, a third party, Ramji Lal Bairwa approached the apex court to challenge the same. Initially, the court expressed reservations stating that a plea in a criminal case can’t be filed by an unaffected party. However, the court later decided that it would examine the issue. It then directed that the accused and the survivor’s father should be made a party in this case.
A Bench of then Chief Justice of India UU Lalit and Justice JB Pardiwala in September 2022, had appointed former Kerala High Court judge R Basant as Amicus Curiae in the matter to assist the court.