Disburse Compensation Only On Conviction Of Accused In SC/ST Cases, Not On Filing Of FIR- Allahabad HC Directs UP Govt
While noticing a trend where victims enter into a compromise with the accused after taking compensation from the government in cases under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, the Allahabad High Court has directed the State Government to disburse the compensation only on conviction of the accused and not on filing of the FIR or submission of the charge-sheet.
The Court noted thus "This Court is noticing this trend every day in 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…".
"This Court is of the view that tax payers money is being misused in this process. 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.", the Bench of Justice Dinesh Kumar Singh opined.
The Court was adjudicating upon a case where the complainant, being a member of the S.C. community, had lodged an FIR against the accused, and police after investigating the offence filed charge-sheet. After filing of the charge-sheet, the parties entered into compromise for quashing of the proceedings. In the meantime, the complainant was paid Rs.75,000/- as compensation by the State Government.
Advocate Chandra Bhanu Singh appeared for the accused whereas Advocate Seema Upadhyay appeared for the complainant.
The complainant who is alleged victim of offence submitted that he has entered into compromise with opposite parties and he does not want continuance of the proceedings against the petitioners who are the accused.
Therefore the Court quashed the entire proceedings pending against the accused under Sections 147, 323, 504, 506 of Indian Penal Code and Sections 3(1)(da), 3(1)(dha) of S.C./S.T. Act.
Cause Title- Israr @ Israr Ahmad & Ors. v. State Of U.P. Thru. Prin. Secy. Home & Anr.