Can Case Against School Teacher For Molesting Student Be Quashed On Compromise? Supreme Court To Consider

The Supreme Court on December 2 converted a writ petition filed under Article 32 into a Special Leave Petition filed under Article 136 to consider the legality of a High Court order which quashed a case against a school teacher for allegedly molesting his student based on a "compromise" with the family members.

A bench comprising Justices Ajay Rastogi and Bela M Trivedi was considering a writ petition filed by a third party highlighting that the High Court has allowed the quashing of the criminal case against the government school teacher based on compromise.

The FIR against the teacher was lodged by the father of the victim girl under various sections of POCSO Act and Indian Penal Code. The police did not arrest the accused for long time which led the complainant to make a compromise with the accused in which the complainant wrote that he does not want any action in the case against the accused. The complainant further added that the complaint was lodged on a misunderstanding due to confusion created by villagers.

The accused teacher approached the High Court of Rajasthan on the basis of the compromise for quashing of the FIR under section 482 of the Code of Criminal Procedure. The High Court allowed the petition of the accused and on the basis of the compromise quashed the proceedings against the accused.

The Supreme Court while issuing notice observed that the Public Prosecutor had opposed the order of the High Court but the High Court relied upon the decision of Supreme Court in Gian Singh vs State of Punjab.  In an earlier order passed on September 30, the Court had noted that issue of locus of the petitioner will also have to be considered.

This petitioner submitted that an offence which is otherwise punishable under Section 354 of the IPC and under the provisions of the POCSO Act and which by very nature is against the society and non-compoundable was thus quashed by the High Court. It was further submitted that State of Rajasthan, the Guardian of the interests of the persons living in the State has chosen not to appeal against the said decision of the High Court

The petitioner had submitted in the petition that, "The petitioners think this also that if accused government teacher who had defamed the pious relation of teacher and student by way of committing offence of touching breast of his own minor girl student in government school premises would go unpunished today then he may commit the same offence with other girl students in future also. Not only this but other teachers will also think like this that there happens nothing to offenders in society and they should not hesitate in committing offences with girl in schools."

The petitioner had prayed before the top court for the records to be called for by the Court for perusal and to set aside the impugned judgment of the High Court.

The bench on 30th October issued notice in the matter and considering the importance of the issues involved and appointed Senior Advocate R. Basant as Amicus Curiae who is being assisted by Advocate On Record Aviral Saxena. The bench has listed the matter for further hearing on 20th January 2023.

Ramji Lal Birwa and Anr. vs The State of Rajasthan and Anr

Click here to read/download the order