Supreme Court Rules Sexual Harassment Cases Cannot Be Quashed Due to Compromise

Supreme Court sexual harassment ruling: On Thursday, the supreme court said that a sexual harassment case cannot be dismissed based on a 'compromise' between the accused and the complainant.

Supreme court bench of justices CT Ravikumar and PV Sanjay Kumar overturned a decision of the Rajasthan High Court to dismiss one such sexual harassment case.

The court said, "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.”

Also Read: Canada's move against Australian outlet that interviewed S. Jaishankar criticized by India

In October 2023, a verdict questioned whether a High Court can use its authority under Section 482 of the Code of Criminal Procedure (CrPC) to dismiss a sexual harassment case based on a compromise agreement between the complainant and the accused.

The case was filed by a father whose 15-years daughter was victim of sexual harassment. An FIR was filed under the Protection of Children from Sexual Offences (POCSO) Act and the SC/ST (Prevention of Atrocities) Act.

NDTV reported that the 15 years old girl has accused a government school teacher, Vimal Kumar Gupta, for sexual harassment.

As per the official reports, a settlement was reached between the girl's family and the accused where the girl’s father took back the case stating that the complaint was registered because of misunderstanding and no longer wish to take action against Vimal Kumar Gupta.

Also Read: Andhra man compared Kolkata to a 'starving African city' article went viral has drawn criticism

As per the argument, the accused petitioned the Rajasthan High Court to dismiss the case which was accepted by the HC.

An unaffected third party named Ramji Lal Bairwa had filed a petition objecting to the High Court order.

As an unaffected party cannot file a plea, the Supreme Court decided to look into the matter.

The supreme court ordered the accused and the victim's father as parties to the case.

Also Read: Telugu vs Tamil: Social Media Debates Usha Vance and Kamala Harris’s Indian Roots