ISRAR Vs. STATE OF U. P

JUDGEMENT

(1.) This is a classic case where the complainant, being a member of the S.C. community, lodged an FIR against the accused, who are petitioners herein, and police after investigating the offence filed charge-sheet. After filing of the charge-sheet, the parties have entered into compromise for quashing of the proceedings. In the meantime, the complainant has been paid Rs.75,000.00 as compensation by the State Government.

(2.) 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 and a petition is filed under Sec. 482 Cr.P.C. to quash the proceedings on the basis of compromise arrived at between the parties.

(3.) 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. In cases where the complainant has entered into compromise with the accused for quashing of the proceedings and proceedings are quashed by this Court against the accused in exercise of its power under Sec. 482 Cr.P.C., the State is free to realise the compensation back to the alleged victim.