Sexual assault case can't be settled 'privately': SC to allow third party appeals to tackle miscarriage of justice

The bench emphasised that Section 482 CrPC clauses can't be used to quash criminal proceedings based on compromise if it is in respect of heinous offence which are not in private in nature and have a serious impact on the society.

New Delhi: In a significant judgment, the Supreme Court on Thursday said a right to a third party to prefer an appeal is certainly to be recognised and respected in a case where seemingly miscarriage of justice had occurred and still, neither State nor the victim or any relative falling under the term ‘victim’ approached this court.

A bench of Justices C T Ravikumar and Sanjay Kumar set aside the decision of the Rajasthan High Court of February 4, 2022 which quashed a sexual harassment case based on compromise between the accused, a teacher, and father of the victim, who was sexually harassed at her school.

The court said when an incident of this nature and gravity allegedly occurred in a higher secondary school, that too from a teacher, it cannot be simply described as an offence which is purely private in nature and has no serious impact on the society.

Dealing with a plea filed by residents from the victim's locality, the bench rejected objections by the accused and the victim's father, saying if a public-spirited person is non-suited on the ground of locus standi it would only help the offender to escape even without facing the trial.

"Such situations may result in recurrence of commission of such offences detrimental to the interests of the society," the bench said, which had in 2022 ordered to convert the writ petition filed in the case under Article 32 of the Constitution as a special leave petition against the High Court's order.

In the case, the bench also emphasised the power under Section 482 CrPC can't be used to quash the proceedings based on compromise if it is in respect of heinous offence which are not in private in nature and have a serious impact on the society.

"We have no hesitation to hold that in cases of this nature, the fact that in view of compromise entered into between the parties, the chance of a conviction is remote and bleak also cannot be a ground to abruptly terminate the investigation, by quashing FIR and all further proceedings pursuant thereto, by invoking the power under Section 482, CrPC in the said circumstances," the bench said.

An FIR was filed on January 8, 2022 and the compromise was entered immediately on January 31, 2022.

The bench said, despite the said position, the High Court has not chosen to consider whether the compromise entered into between the parents’ and the accused could be acted upon or not, in the interest of justice, taking note of the serious allegations levelled against the accused.

In the judgment, the bench quoted the renowned American poet H W Longfellow, who penned to the effect that a torn jacket might soon be mended, but a bruised heart of a child would be beyond reviviscence.

“Certainly, it contains the gospel truth as relates a child subjected to sexual assault, be it aggravated or penetrative; or any kind of sexual abuse or exploitation. It is more so, in the case of a female child as it may hound her and hack her family life,” the bench said.