Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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  • In a significant ruling, the Allahabad High Court ruled that compensation to victims under the SC/ST Act should be paid only after the accused is convicted, not after the FIR and charge sheet are filed. 
  • This was stated by the Court while allowing a 482 CrPC Plea filed by the Victim under the SC/ST Act and the accused was seeking to quash the proceedings based on a compromise reached between them. 
  • Essentially, they had moved to the Court following the filing of the charge sheet on the grounds that they had entered into a compromise for quashing the proceeding, but in the meantime, the State Government had paid the complainant Rs.75,000/- as compensation.
  • Observing that taxpayers' money is being misused in such a process, the Court stated that it would be appropriate to disburse compensation only upon conviction of the accused rather than filing of the FIR and submission of the charge sheet. 
  • The current 482 CrPC petition was filed in order to vacate the proceedings under Sections 147, 323, 504, 506 IPC, 3(1)(da), 3(1)(dha) of the S.C./S.T. Act on the grounds that the alleged victim and accused had compromised the matter. 
  • Before the Court, the complainant (the alleged victim) stated that he had reached an agreement with opposing parties and does not want the proceedings against the petitioner, the accused, to be continued.
  • The petition was granted because the parties had put their dispute behind them and decided to live peacefully by reaching an agreement. 
  • As a result, the entire Sessions Trial as well as the Charge-sheet were quashed. 
  • The Court also directed that a copy of the order be sent to the Chief Secretary, A.C.S./Principal Secretary (Home), Government of Uttar Pradesh, and the Principal Secretary/Additional Chief Secretary, Social Welfare Department, Government of Uttar Pradesh, for compliance.
     
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