Latest JudgementProtection of Children From Sexual Offence Act, 2012

Ramji Lal Bairwa & Anr. Versus State of Rajasthan & Ors., 2024

Compromise of Heinous Crime

Supreme Court of India·6 November 2024
Protection of Children From Sexual Offence Act, 2012
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Judgement Details

Court

Supreme Court of India

Date of Decision

6 November 2024

Judges

Justice Ravikumar || Justice Rajesh Bindal

Citation

Acts / Provisions

Section 13(1)(ia), Hindu Marriage Act, 1955

Section 25, Hindu Marriage Act, 1955

Facts of the Case

The Apex Court employees around the idea whether heinous crimes, especially those involving minors and sexual offenses, can be treated as private matters that are eligible for compromise-based quashing. The facts of the cases are as follows : 

  • The victim, a minor, alleged that her teacher rubbed her breasts in the classroom, in the absence of any witnesses, and threatened her to remain silent if she tried to inform others. 
  • The teacher was charged under IPC, POCSO Act, and SC/ST Act
  • The victim and the teacher reached a compromise, leading the Rajasthan High Court to quash the FIR. 
  • The appellant, a third-party, challenged the quashing of the FIR, arguing that heinous crimes, particularly those involving minors and sexual offenses, cannot be compromised and dismissed. 

Issues

  • Whether heinous crimes, especially those involving minors and sexual offenses, can be treated as private matters that are eligible for compromise-based quashing. 
  • Whether the High Court erred in quashing the FIR based solely on the compromise between the teacher and the victim’s family. 

Held

  • The Supreme Court observed that the High Court wrongly applied the dictum in the case of Gian Kaur, which relates to quashing of criminal proceedings on the basis of a compromise. 
  • In sexual offense cases involving minors, especially under the POCSO Act, public interest prevails over private compromise. 
  • The criminal proceedings against the teacher must continue, and the quashing of the FIR by the Rajasthan High Court was incorrect

Analysis

  • Public interest in POCSO Act cases outweighs private settlements, especially when a minor is involved
  • The Supreme Court stressed that serious criminal offenses, particularly sexual assault and child abuse, should not be undermined by compromises between the parties involved. 
  • The High Court's error lies in not properly considering the public interest and the serious nature of the offenses. 
  • The judgment reinforced the need for the Sessions Court to ensure the interest of justice in cases involving sexual offenses against minors, even when compromises are attempted.