If A Matter Under SC/ST Act Is Compromised Then Victim Should Repay The State Any Benefit Reaped By Him/Her: Allahabad High Court

The Allahabad High Court recently observed that if a matter registered under the SC/ST Act is later on compromised between the victim and the accused, then the Victim is required to repay to the state, any benefit reaped (on account of a compensation scheme of the state) by him/her.

This observation came from the Bench of Justice Vivek Agarwal, which was hearing a 482 CrPC plea, wherein the accused informed the court that parties have entered into a compromise in relation to a crime under Sections 323, 504, 506, 354(Ka), 354(Kha) IPC and 3(1) (XI) of SC/ST Act.

Importantly, the AGA for the State submitted that the matter pertained to the SC/ST Act and that there is a growing tendency on the part of the complainants to make accusations/collect compensation from the State Government and then enter into a compromise.

Against this backdrop, the court opined that when matters are sought to be compromised, then they are necessarily in the realm of personal disputes and not a crime against society and therefore, the Court added thus:

"...if the society has not committed any atrocity on a member belonging to SC/ST and such member decides to compromise a matter, then said victim is required to repay the State any benefit reaped by the victim, as per the benevolent scheme of the State to pay compensation to members of such community."

Lastly, the Court directed the concerned court thus:

"...on condition of complainant either filing an undertaking that complainant has not taken any monitor benefit from the State or in case, any monitory benefit has been reaped from the State, then on a condition to deposit the same before the trial court to be transmitted to the concerned authorities of the State, concerned Court shall verify the factum of compromise and furnish its report before the court."

With this, the parties were directed to appear before the court concerned on September 15, 2021, and the Court was directed to furnish its report on or before September 22, 2021. The matter has now been listed for further hearing on September 24.

Case title - Satish And 2 Others v. State of U.P. and Another

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