Sexual harassment case cannot be closed on basis of compromise between parties: Supreme Court

Fri Nov 08 03:33:43 UTC 2024: ## Supreme Court Rejects Compromise in Sexual Harassment Case, Reinstates FIR Against Teacher

**New Delhi, November 8, 2024:** The Supreme Court of India has ruled that a compromise between parties cannot be a reason to close a sexual harassment case. This landmark decision came on Thursday, November 7th, when the court overturned a Rajasthan High Court order that had quashed an FIR against a teacher accused of sexually molesting a 16-year-old girl.

The Supreme Court bench, comprising Justices C.T. Ravikumar and Sanjay Kumar, emphasized that such offenses have a serious impact on society and cannot be treated as private matters. They stated that the High Court had misapplied the law in quashing the FIR and subsequent proceedings, citing the gravity of the alleged offense.

The accused teacher, along with the victim’s father, had challenged the locus standi of the PIL petitioner in the case. However, the Supreme Court dismissed these claims, asserting that the accused had been relieved of facing trial by the High Court’s decision, and the third party’s right to petition under Article 136 of the Constitution was valid.

The Court further stated that the alleged incident, involving a teacher in a higher secondary school, could not be considered purely private, as it had far-reaching consequences for society. They stressed that the possibility of a compromise-induced acquittal should not be a reason to terminate the investigation prematurely.

The bench highlighted that the accused’s actions would constitute “sexual assault” under Section 7 of the Protection of Children from Sexual Offences (POCSO) Act, carrying a minimum sentence of three years and a maximum of five years, along with a fine.

The Supreme Court’s ruling reinforces the seriousness of sexual harassment cases and underscores the importance of thorough investigations, even in the face of compromises between parties. This decision sets a precedent for prioritizing justice and holding perpetrators accountable, especially in cases involving vulnerable minors.