The Supreme Court set aside the Rajasthan High Court’s order, which had quashed a sexual harassment case due to compromise, and ordered a continuance of the case.
A Bench of Justices CT Ravikumar and PV Sanjay Kumar ordered, “The impugned order is quashed and set aside, FIR and criminal proceedings be proceeded with per law”. The bench clarified that it has not commented on the matter’s merits.
The judgment came in a matter relating to whether a High Court, while exercising powers under Section 482 CrPC, has the power to quash a sexual harassment case based on a compromise between the accused and the survivor reserving its verdict in October last year, Bar and Bench reported.
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The case is in connection with 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.
Taking cognizance of the plea, the High Court has quashed the criminal case, Bar and Bench reported.
The matter went to the Supreme Court as an appeal by one Ramji Lal Bairwa, a third party not affected, on the ground that an objection to the High Court’s order was raised.
The top court initially said a petition in a criminal case could not be filed by an unaffected party. However, it later decided to examine the issue. It subsequently ordered that the accused and the father of the victim be made parties to the case.
A Bench of then Chief Justice of India UU Lalit and Justice JB Pardiwala had, in September 2022, 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.
