Not okay to disburse relief under SC/ST Act till conviction: HC to UP govt

The Lucknow bench of the Allahabad High Court has told the Uttar Pradesh government that it would be appropriate to disburse the compensation in cases registered under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act only on conviction of the accused and not merely filing of FIR and submission of charge-sheet.

“This court is of the view that the taxpayers’ money is being misused in the process. In cases where the complainant has entered into a compromise with the accused for quashing of the proceedings which are quashed by this court in exercise of its power under Section 482 of the Code of Criminal Procedure (CrPC), the state is free to realize the compensation back to the alleged victim,” said Justice Dinesh Kumar Singh in an order dated July 26.

The court passed the order while hearing a petition filed by one Israr Ahmad and others seeking direction for quashing of the proceedings of sessions trial and chargesheet arising out of a case lodged against them at the Naseerabad police station in Rae Bareli on charges of rioting, criminal intimidation and the SC/ST Act.

The complainant in the case is a Dalit and the ground for canceling the proceedings was a compromise between the parties.

The complainant, alleged victim of the offence, submitted that he had entered into a compromise with the opposite parties and he did not want the proceedings against the petitioners (accused) to continue.

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“This is a classic case where the complainant, being a member of the SC community, lodged an FIR against the accused, who are petitioners and the police after investigating the offense filed charge-sheet. Then the parties entered into a compromise for quashing of the proceedings. In the meantime, the complainant was paid Rs 75,000 as compensation by the state government,” the court observed.

The court was noticing this trend everyday in a large number of cases that after receiving the compensation from the state government, the complainant struck a compromise with the accused for quashing of the proceedings, the bench added.

“Considering the fact that the parties have put their dispute behind and decided to live peacefully by entering into compromise, I find that this case is squarely covered by the judgment rendered by the Supreme Court in Ramawater versus State of Madhya Pradesh (supra). Thus, this petition is allowed (sic),” it said.

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