The Supreme Court ruled that a compromise between the parties does not justify ending an investigation by dismissing the FIR in a case of sexual assault involving a school student.
The Supreme Court addressed a case of sexual assault involving a student at school, stating that a compromise between the involved parties does not justify ending the investigation by dismissing the FIR. The Court was reviewing a criminal appeal against a High Court decision that quashed the FIR against the accused. The two-Judge Bench, consisting of Justice C.T. Ravikumar and Justice Sanjay Kumar, noted that the High Court’s order from 04.02.2022, which dismissed FIR No.6/2022 dated 08.01.2022 based solely on the settlement between the accused and the complainant, was inappropriate. They emphasized that in such serious cases, the possibility of a conviction being unlikely due to a compromise cannot be a reason to stop the investigation by quashing the FIR and related proceedings under Section 482, Cr. P.C. The Bench pointed out that incidents of this nature, especially involving a teacher in a higher secondary school, cannot be viewed as merely private offenses without significant societal implications.
A complaint was filed by the victim’s father against the accused under various sections of the Indian Penal Code (IPC), the Protection of Children from Sexual Offences Act (POCSO Act), and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The allegations stated that in 2022, while the victim, a Class XI student, was alone in her classroom, the accused, a teacher, entered. He checked through the window to see if anyone was nearby, then approached her from behind, began to touch her face, and inappropriately reached under her clothing. Distressed, she stood up and tried to leave, but the accused followed her, using offensive language.
Afterward, she sat by the gate and asked teachers for help, but they told her to stay quiet about what happened. Although the Principal learned of the incident, he only had her sign a blank piece of paper. A teacher later visited the victim’s home, claiming she was unwell, and took her mother to the school. Eventually, an FIR was filed, but the accused reached an agreement with the victim’s father. The accused then petitioned the Rajasthan High Court to dismiss the FIR and any related actions. Despite the public prosecutor’s objections, the High Court granted the petition, leading to the case being taken to the Supreme Court.
The Supreme Court observed that whether an FIR can be quashed depends on the specific facts and circumstances of each case. In making this determination, the Court considers several factors: (i) whether the crime affects society or is solely against an individual, the nature of the dispute, (ii) the seriousness of the crime and the manner in which it was committed, (iii) whether the offense falls under a special statute, and (iv) the stage of the proceedings and how the accused managed to reach a compromise with the complainant.
The Court noted that the victim was a 16-year-old student in Class 11 at the time, and the father’s statement in the FIR indicated that he felt pressured by the accused not to file a report. It also mentioned that a compromise was reached shortly after, but the Court did not consider whether this compromise between the parents and the accused should be upheld in the interest of justice, given the serious allegations against the accused.
The Court further stated that even though a statement was made in the complaint, the accused managed to settle the case with the fourth respondent and his wife within weeks. It clarified that the power under Section 482 of the Cr. P.C. cannot be used to quash proceedings based on a compromise if the case involves serious offenses that are not private and have a significant societal impact. Consequently, the Court ordered that the FIR and criminal proceedings against the accused should continue as per the law. The Apex Court then allowed the appeal and overturned the previous order.
Cause Title: Ramji Lal Bairwa & Anr. v. State of Rajasthan & Ors. (Neutral Citation: 2024 INSC 846)
