Whether court can direct the victim to repay the State any benefit reaped by her if she compromises prosecution under SC & ST Atrocities Act?

Sri Nagendra Srivastava, learned AGA for the State submits

that this is a matter pertaining to SC/ST Act. He submits that

there is a growing tendency on the part of the complainant to

make accusations/collect compensation from the State

Government and then enter into compromise.

4. This Court is of the opinion that when matters are sought to

be compromised, then they are necessarily in the realm of

personal disputes and not crime against society. If society has

not committed any atrocity on a member belonging to

Scheduled Caste and Scheduled Tribe 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.

5. Therefore, on condition of complainant either filing an

undertaking that complainant has not taken any monitory

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.

ALLAHABAD HIGH COURT

Case :- APPLICATION U/S 482 No. - 8350 of 2021

Applicant :- Satish And 2 Others

Opposite Party :- State of U.P. and Another

Hon'ble Vivek Agarwal,J.

Order Date :- 3.9.2021

1. Heard Sri Rakesh Chandra Tiwari, learned counsel for the

applicants and Sri Sushil Jaiswal, learned counsel for the

private respondents.

2. Learned counsel for the parties submit that they have entered

into a compromise in relation to Case Crime No.293C of 2014

in Criminal Case No.77 of 2017 (State Vs. Satish and others),

under Sections 323, 504, 506, 354(Ka), 354(Kha) IPC and 3(1)

(XI) of SC/ST Act.

3. Sri Nagendra Srivastava, learned AGA for the State submits

that this is a matter pertaining to SC/ST Act. He submits that

there is a growing tendency on the part of the complainant to

make accusations/collect compensation from the State

Government and then enter into compromise.

4. This Court is of the opinion that when matters are sought to

be compromised, then they are necessarily in the realm of

personal disputes and not crime against society. If society has

not committed any atrocity on a member belonging to

Scheduled Caste and Scheduled Tribe 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.

5. Therefore, on condition of complainant either filing an

undertaking that complainant has not taken any monitory

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.

6. Parties are directed to appear before the court concerned on

15.09.2021, for which, no separate notice will be required.

Court concerned after taking into consideration above noted

facts will verify the compromise or record its finding otherwise

and furnish its report on or before 22.09.2021.

6. List this case on 24.09.2021.

7. It is directed that, till the next date of listing, no coercive

action be taken against the applicants.

Order Date :- 3.9.2021

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