New Delhi: Often we see that the court dismisses the case after a settlement is reached in a sexual abuse case. But in one case, the Supreme Court while giving its verdict said that the sexual abuse case cannot be dismissed even after a settlement is reached between the complainant and the accused. Along with this, the Supreme Court also cancelled the decision of the Rajasthan High Court.

While giving its verdict, the Supreme Court remarked that a sexual harassment case cannot be dismissed on the ground that a settlement has been reached between the complainant and the accused. The Rajasthan High Court had dismissed sexual harassment cases on the basis of settlement, which was overturned by the Supreme Court and the order of the High Court was cancelled.

The bench gave an important decision

A division bench of Justices CT Ravikumar and PV Sanjay Kumar delivered the crucial verdict and said that the Rajasthan High Court order is set aside and quashed, the FIR and criminal proceedings will be proceeded in accordance with law. The bench clarified that it has not made any comment on the merits of the case.

According to Bar and Bench report, the verdict was reserved in October last year and it came in a case which involved the question whether the High Court, in exercise of its powers under Section 482 of the CrPC, has the power to quash a sexual assault case on the basis of a compromise between the accused.

The case is from Rajasthan

The case is of 2022. When a minor Dalit girl in Gangapur, Rajasthan accused a government school teacher of sexual harassment and lodged a complaint with the police. At the same time, after investigating, the police registered a case against the teacher under the POCSO Act and SC-ST Act and later the statement of the minor was also recorded.

The apex court had initially said that a petition cannot be filed by an unaffected party in a criminal case, however, it 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 in the case.