The Supreme Court on Thursday November 7 2024 by setting aside the Rajasthan High Court’s decision of quashing the FIR said that a sexual harassment case cannot be closed by the compromise between the party as such offences can have serious impact on the society.

The observation of the SC came while setting aside a decision of Rajasthan High Court of quashing a FIR against a teacher accused of sexually molesting a 16 year old girl.

The Apex Court has made it indubitably clear that sexual assault under POCSO can’t be quashed based on compromise as the offence is heinous and is not private in nature and has a huge impact on society. 

The court further holds that the commission of such offence against children should be viewed as heinous and serious. The commission of such offences cannot be taken lightly and as offences of private nature and such offences should be bound to be taken against society.

The apex court also rejected the submission of the teacher and the father of the victim who challenged the locus standi of the PIL petitioner in the case. "When by quashing the FIR by invoking the power under Section 482, CrPC, the accused was relieved of the liability to face the trial coupled with the aforesaid circumstances and the position of law qua locus standi of third party to maintain a petition under Article 136 of the Constitution of India, as revealed from the decisions referred above, we have no hesitation to hold that the challenge based on the appellants' locus standi got no merit at all," the bench said.

The court said that when an incident of the aforesaid nature and gravity allegedly occurred in a higher secondary school, that too from a teacher, it cannot be simply described as an offence which is purely private in nature and have no serious impact on the society.”

We have no hesitation to hold that in cases of this nature, the fact that in view of compromise entered into between the parties, the chance of a conviction is remote and bleak also cannot be a ground to abruptly terminate the investigation, by quashing FIR and all further proceedings pursuant thereto, by invoking the power under Section 482, Cr. P.C. In the said circumstances, this appeal is allowed. The impugned order dated 04.02.2022 of the High Court in S.B.C.R.M.P. No.1348/2022 is hereby quashed and set aside, the bench in the order stated.

The bench also stated that the offence committed by the accused would constitute an offence of sexual assault under Section 7 of the POCSO ACT and which is punishable with imprisonment of either description for a term which shall not be less than three years or may extend to 5 years and also fine.