Supreme Court

Compounding of Pre-Marital Relationship Dispute Cannot Be Sole Ground to Conclude Unsuitability for Police Service

Gajula Thirupathi vs The Telangana State Level Police Recruitment Board

Supreme CourtJUDGMENT: May 21, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant was provisionally selected as a Stipendiary Cadet Trainee Police Constable (SCTPC)

Source reference: p. 1

He truthfully disclosed his involvement in Crime No. 190/2014 under Sections 417, 420, and 506/34 of the IPC, involving allegations that he cheated a victim by promising marriage after a four-year relationship

Source reference: p. 1, 9-10

The case was compounded via Lok Adalat on 31.05.2015

Source reference: p. 2-3

Despite this, the respondents cancelled his selection on 29.01.2021, arguing that the offence involved moral turpitude and the compromise amounted to an "admission of guilt"

Source reference: p. 3-4, 6

A Single Judge of the High Court set aside the cancellation, but a Division Bench reversed that decision, holding that the employer is the best judge of suitability for a disciplined force

Source reference: p. 7, 8
02

Issues

1. Whether the employer’s decision to cancel the appellant's selection based on a compounded criminal case was arbitrary or based on relevant material

Source reference: p. 15 / para. 14

2. Whether a consensual relationship between adults that does not culminate in marriage can be deemed "moral turpitude" or "admission of guilt" if the criminal case is compounded

Source reference: p. 20-23 / para. 19-23
03

Law Applied

Section 320(8) of the CrPC, which stipulates that the compounding of an offence shall have the effect of an acquittal

Source reference: p. 2

Avtar Singh v. Union of India, which mandates that even after disclosure, the employer must objectively consider the nature of the offence and the effect of the acquittal

Source reference: p. 3, 13

Satish Chandra Yadav v. Union of India regarding the high standards for disciplined forces

Source reference: p. 14

Ravindra Kumar v. State of Uttar Pradesh, which emphasizes a holistic consideration of the socio-economic strata, the nature of the query, and the contents of the cancellation order when adjudging suitability

Source reference: p. 16-17
04

Reasoning

The Court observed that while an employer has the right to assess suitability, such decisions cannot be arbitrary and must be based on material indicating that a crime involving moral turpitude was actually committed

Source reference: para. 14

The Court found the respondents' reasoning—that a compromise equates to an "admission of guilt"—to be "completely perverse and defies logic"

Source reference: para. 18

It noted that the allegations involved two consenting adults in a long-term relationship, and physical intimacy in such a context does not inherently constitute cheating or low moral fabric

Source reference: para. 19-20

Since the victim chose to compound the offence and there was no evidence of threat or allurement to force the settlement, the indictment alone (which was never tested in trial) provided no basis to override the presumption of innocence

Source reference: para. 22-23

The Court distinguished this from Mehar Singh, where the acquittal involved violent acts against public officials/property, whereas the present case was a private matter between neighbors

Source reference: para. 24-25
05

Holding

The Supreme Court allowed the appeal and set aside the Division Bench's judgment

It held that the Screening Committee's decision was arbitrary because there was no material evidence linking the appellant to a crime of moral turpitude beyond a withdrawn allegation

Source reference: para. 25

The Court restored the Single Judge’s order, directing the respondents to reconsider the appellant for appointment and training

Source reference: p. 8, 24
Supreme Court

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Gajula ThirupathivsThe Telangana State Level Police Recruitment Board

Supreme Court · May 21, 2026

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