Victims Under SC/ST Act Should Be Paid Compensation Only On Conviction Of Accused, & Not On Filing Of FIR: Allahabad HC

In a significant observation, the Allahabad High Court has observed that compensation to the Victims under the SC/ST Act should be disbursed only upon the conviction of the accused and not after the filing of the FIR and submission of the charge sheet.

"This Court is noticing this trend every day in a large number of cases that after receiving the compensation from the State Government, the complainant enters into compromise with the accused for quashing of the proceedings, and a petition is filed under Section 482 Cr.P.C. to quash the proceedings on the basis of compromise arrived at between the parties," the bench of Justice Dinesh Kumar Singh observed.

The Court said this while allowing a 482 CrPC Plea filed by the Victim under the SC/ST Act and the accused seeking to quash the proceedings on the basis of a compromise arrived at between them.

Essentially, they had moved to the Court after filing of the charge sheet on the ground that they have entered into a compromise for quashing the proceeding, however, in the meantime, the complainant had been paid Rs.75,000/- as compensation by the State Government.

Observing that in such a process, taxpayers' money is being misused, the Court said that it would be appropriate to disburse the compensation only on conviction of the accused and not filing of the FIR and submission of the charge sheet.

"In cases where the complainant has entered into a compromise with the accused for quashing of the proceedings and proceedings are quashed by this Court against the accused in the exercise of its power under Section 482 Cr.P.C., the State is free to realize the compensation back to the alleged victim," the court further remarked.

The case in brief

The instant 482 CrPC plea was filed to quash the proceedings under Sections 147, 323, 504, 506 IPC, 3(1)(da), 3(1)(dha) of S.C./S.T. Act on the ground that the alleged victim and the accused had compromised the matter.

Before the Court, the complainant (the alleged victim) submitted that he had entered into compromise with opposite parties and he does not want a continuance of the proceedings against the petitioner, the accused.

Considering the fact that the parties have put their dispute behind them and decided to live peacefully by entering into a compromise, the petition was allowed. Consequently, the entire proceedings of the Sessions Trial as well as Charge-sheet were quashed.

The Court also ordered that a copy of the order be forwarded to Chief Secretary, A.C.S./Principal Secretary (Home), Government of Uttar Pradesh, and Principal Secretary/Additional Chief Secretary, Social Welfare Department, Government of U.P. for necessary compliance.

Case title - Israr @ Israr Ahmad And Others v. State Of U.P. Thru. Prin. Secy. Home And Another [APPLICATION U/S 482 No. - 4373 of 2022]

Case Citation: 2022 LiveLaw (AB) 354

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