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SC Reverses Rajasthan HC Decision to Dismiss Sexual Harassment Case Based on Compromise

  • Writer: M.R Mishra
    M.R Mishra
  • Nov 8, 2024
  • 2 min read

The Supreme Court of India recently reversed a decision by the Rajasthan High Court that had dismissed a sexual harassment case following a settlement between the accused and the complainant's family.


This case, Ramji Lal Bairwa & Anr vs. State of Rajasthan,

involves serious allegations of sexual assault on a minor, invoking sections of the Indian Penal Code, the Protection of Children from Sexual Offences (POCSO) Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.


The incident reportedly took place on January 6, 2022, when a teacher allegedly assaulted a 16-year-old girl in a classroom. The girl's family initially filed a First Information Report (FIR), but the case was later compromised. Subsequently, the Rajasthan High Court dismissed the FIR and all associated proceedings, citing the agreement between the parties as a rationale for quashing the charges.


The Supreme Court's two-judge bench, consisting of Justices C.T. Ravikumar and P.V. Sanjay Kumar, emphasized that sexual crimes against minors are not simply private matters but have societal impacts that necessitate judicial scrutiny beyond personal settlements.

The Supreme Court scrutinized the High Court’s interpretation of previous rulings that permitted the quashing of cases on the grounds of private compromise, especially noting the gravity of allegations under the POCSO Act.


The Court concluded that the High Court failed to adequately consider the nature of the offense and the legislative intent behind POCSO, which is to protect minors from sexual crimes through strict legal deterrence.


Additionally, the Supreme Court rejected the dismissal based solely on the private compromise, holding that this approach undermined both the public interest and the seriousness of the allegations.


The judgment underscored that crimes with societal implications, particularly involving children, cannot be nullified through private agreements.


Consequently, the Supreme Court reinstated the FIR and directed that the criminal proceedings continue as per legal protocol. The Court clarified it had made no determinations on the case's merits but focused on ensuring due legal process.


This ruling reaffirms that in cases involving significant societal harm, such as crimes against minors, judicial integrity and public justice cannot be bypassed by private settlements.

The judgment underscores the judiciary's commitment to upholding the legislative protections afforded to minors under POCSO.


Case Title:


RAMJI LAL BAIRWA VS. THE STATE OF RAJASTHAN - Crl.A. No. 3403/2023 - Diary Number 17351 / 2022 - 07-Nov-2024


(Uploaded On 07-11-2024 15:55:46)

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