Case Note & Summary
The case arises from FIR No.6/2022 registered on 08.01.2022 at Sardar Gangapur City Police Station, Rajasthan, based on a complaint by the father of a minor girl (Class XI student) against a teacher (3rd respondent). The allegations were that on 06.01.2022, the teacher came to the classroom where the victim was alone, put his hand inside her bodice and rubbed her breast, and when she tried to escape, he hurled caste-based abuses like 'dedh Chamar'. The FIR invoked Sections 354A, 342, 509, 504 IPC, Sections 7 and 8 of the POCSO Act, and Sections 3(1)(r), 3(1)(s), 3(1)(b) & 3(2)(vii) of the SC/ST Act. On 31.01.2022, the accused compromised with the victim's father and filed a petition under Section 482 CrPC before the Rajasthan High Court seeking quashing of the FIR. The High Court, by order dated 04.02.2022, allowed the petition and quashed the FIR and all proceedings, relying on Gian Singh v. State of Punjab, despite opposition by the public prosecutor. The appellants, residents of the same tehsil, challenged this order under Article 32 (later converted to Article 136) contending that the offences were serious, not private, and quashing based on compromise was illegal. The Supreme Court framed two issues: (i) locus standi of third parties to challenge such quashing, and (ii) whether quashing is permissible for heinous/societal offences based on compromise. The Court heard the parties, amicus curiae, and intervenor (Delhi Commission for Protection of Child Rights). The Court held that a public-spirited person has locus standi under Article 136 to challenge quashing of FIR in serious offences with societal impact, especially when the State fails to act. On the second issue, the Court held that the power to quash under Section 482 CrPC, as per Gian Singh, is not available for offences involving moral turpitude, societal impact, or special statutes like POCSO and SC/ST Acts, as they are not purely private. The Court set aside the High Court's order and restored the FIR and proceedings.
Headnote
A) Criminal Procedure - Locus Standi - Third Party Challenge - Article 136 of the Constitution of India - A public-spirited person has locus standi to challenge an order quashing FIR in heinous/serious offences with societal impact, especially when the State fails to challenge such order, to ensure justice and prevent recurrence. (Paras 7-10) B) Criminal Procedure - Quashing of FIR - Compromise in Heinous Offences - Section 482 CrPC, Gian Singh v. State of Punjab - The power to quash criminal proceedings based on compromise is not exercisable for offences involving moral turpitude, societal impact, or special statutes like POCSO Act and SC/ST Act, as they are not purely private in nature. (Paras 6-9) C) Protection of Children - POCSO Act - Object and Purpose - Sections 7, 8 of POCSO Act - Offences under POCSO Act are serious and have grave impact on society; quashing based on compromise between accused and victim's parent is impermissible as it defeats the object of the Act and may lead to recurrence. (Paras 3-5)
Issue of Consideration
(I) Whether a third party to a criminal proceeding has locus standi to challenge the order quashing FIR based on compromise in a Special Leave Petition under Article 136 of the Constitution of India? (II) Whether the power to quash criminal proceedings in regard to heinous and serious offences having serious impact on society is exercisable merely because the offender and victim or parent(s) arrived at a compromise, relying on Gian Singh's case?
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order of the High Court dated 04.02.2022, and restored the FIR No.6/2022 and all further proceedings. The Court held that the High Court erred in quashing the FIR based on compromise in a case involving serious offences under POCSO Act and SC/ST Act, which are not purely private in nature and have societal impact.
Law Points
- Locus standi of third party under Article 136
- Quashing of FIR in heinous/serious offences based on compromise
- Gian Singh v. State of Punjab principles
- POCSO Act object
- SC/ST Act offences
- Inherent powers under Section 482 CrPC
