Supreme Court rules that no 'compromise' decree can be cited to decide a sexual harassment case against an accused. It quashed the order of the Rajasthan High Court that had dismissed a case filed by a minor student against his teacher, accused of sexual harassment, and paved the way for his prosecution.

Background of the case

This case hails back to the year 2022 in the city of Gangapur, Rajasthan. Here, a minor Dalit girl complains against her school teacher, Vimal Kumar Gupta, for sexually harassing her. The case was filed within no time after issuing the POCSO Act and SC/ST (Prevention of Atrocities) Act as the girl was both minor and Dalit. After this declaration was made, Gupta received a declaration from the girl's family on stamp paper stating they had been misunderstood and did not want to further pursue the case. The police accepted the declaration and filed an affidavit in support of quashing the case. Unfortunately, this declaration was disapproved by the lower court and hence Gupta appealed to the High Court of Rajasthan, which subsequently canceled the FIR.

Social worker Ramji Lal Bairwa challenged the High Court’s dismissal in the Supreme Court. A bench consisting of Justice CT Ravikumar and Justice PV Sanjay Kumar reviewed the appeal, ultimately overturning the High Court’s decision and reaffirming the importance of prosecuting cases under the POCSO Act.

The judgment of the Supreme Court underlines that cases involving serious offenses, such as cases concerning children, cannot be put under the carpet on a compromise basis. Therefore, this rule strengthens the judiciary’s commitment to upholding the protection of vulnerable groups.