Supreme Court sets aside High Court decision to quash sexual harassment case based on compromise

The Supreme Court on Thursday set aside a decision of the Rajasthan High Court to exercise its powers under Section 482 of the Code of Criminal Procedure (CrPC) to quash a sexual harassment case based on compromise between the accused and the survivor [Ramji Lal Bairwa and anr vs State of Rajasthan and anr) (Ramji Lal Bairwa and anr v State of Rajasthan and ors].

A Bench of Justices CT Ravikumar and PV Sanjay Kumar delivered the verdict.

"The impugned order is quashed and set aside, FIR and criminal proceedings be proceeded with in accordance with law. We have not commented on the merits of the matter," the Court said.

The Court also thanked Amicus Curiae R Basant for assisting the Court.

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor.

The issue arose after out of an appeal of a case of harassment of a 15- year-old girl, which had led to a first information report based on the complaint of the father.

However, a compromise was subsequently reached between girl's family and accused on the basis of which the accused moved the Rajasthan High Court for quashing the case

The High Court accepted the plea and quashed the criminal case.

The present petition was filed before the apex court by an unaffected third party, Ramji Lal Bairwa, objecting to the High Court order.

The top court had initially remarked that in a criminal case, a plea cannot be filed by an unaffected party.

However, it eventually decided that it will examine the issue raised, and ordered that the accused and the survivor's father be made a party to the case.

In an order passed in September 2022, a Bench of then Chief Justice of India UU Lalit and Justice JB Pardiwala also appointed Senior Advocate and former Kerala High Court judge R Basant as Amicus Curiae in the matter to assist the Court.

The verdict in the matter was eventually pronounced today. The Amicus was assisted by Advocates Aviral Saxena and Manu Krishnan.