According to sources a sexual harassment case cannot be quashed based on the grounds that the complainant and the accused have reached a ‘compromise’, the supreme court ruled on Thursday. The top court made the observation while setting aside the rajasthan High court decision that quashed a sexual harassment case based on a compromise between the accused and the survivor, Bar and Bench reported.
Meanwhile a Bench of Justices CT ravikumar and PV Sanjay Kumar delivered the verdict and said, “The impugned order is quashed and set aside, FIR and criminal proceedings be proceeded with in accordance with law". The bench clarified that it has not made any comments on the merits of the matter. The verdict was reserved in october last year and came in a matter dealing with the question of whether a High court, in the exercise of its powers under Section 482 CrPC, has the power to quash a sexual harassment case on the basis of a compromise between the accused and the survivor, Bar and Bench reported.
Moreover the top court had initially said that a petition cannot be filed by an unaffected party in a criminal case, however, later decided to take up the issue and examine it. It then ordered that the accused and the victim’s father be made a party to the case. Earlier in september 2022, a Bench of then Chief Justice of india UU Lalit and Justice jb Pardiwala had appointed former kerala High court judge R Basant as Amicus Curiae in the matter to assist the court. The top court pronounced the verdict yesterday.
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