Compromise Not Enough to Terminate Sexual Harassment Cases, Supreme Court Rules

The Supreme Court has ruled that a sexual harassment case cannot be dismissed simply because the accused and the complainant reached a compromise. This decision reverses an earlier Rajasthan High Court ruling that had quashed the case following an agreement between the accused and the survivor, as reported by Bar and Bench.

What was the Supreme Court’s stance?

Justices CT Ravikumar and PV Sanjay Kumar led the bench, stating, “The impugned order is quashed and set aside, FIR and criminal proceedings be proceeded with in accordance with law,” emphasizing that they were not commenting on the specifics of the case itself.

The judgment, pending since October of last year, examined whether a High Court has the authority under Section 482 of the CrPC to dismiss a sexual harassment case on the grounds of a compromise between the parties.

Background of the Case

The case involved a 15-year-old girl whose father filed an FIR for sexual harassment. Later, a compromise was reached between the accused and the family, leading the accused to request case dismissal from the Rajasthan High Court, which was granted.

The Supreme Court took up the matter after Ramji Lal Bairwa, a third party, filed a petition objecting to the High Court’s dismissal. Though initially uncertain if a third party could intervene, the court agreed to examine the issue and involved both the accused and the girl’s father in the case. In September 2022, former Kerala High Court judge R Basant was appointed as amicus curiae to assist, leading to today’s final verdict.