SUSHIL CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition is filed seeking the following reliefs :

(2.) It is the case of the petitioner that on 30/8/2022, he lodged an FIR against the accused persons at Police Station Madan Mahal District Jabalpur which was registered at Crime No.0317/2022 for an offence under Ss. 294, 324 and 506 read with 34 of Indian Penal Code and Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act') and after completion of investigation, charge-sheet was filed on 18/5/2023 before the trial Court. Petitioner belongs to Scheduled Caste category. Petitioner filed an application seeking compensation to the respondents for which he is entitled in terms of Clause 41 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (in short 'Rules, 1995'). The respondents have not taken any action on the said application and the same is kept pending. Therefore, this petition has been filed. It is contended that if the offence is committed under the SC/ST Act, then the victim is entitled for compensation of Rupees Two Lakhs. 25% at the time of registration of FIR, 50% at the stage of charge-sheet and 25% after conclusion of trial by the trial Court. Therefore, as the charge-sheet is filed before the competent trial Court, petitioner is entitled to get 75% of compensation out of Rupees Two Lakhs which has not been granted. Therefore, this petition is filed.

(3.) Learned counsel appearing for the State has vehemently opposed the contentions and has argued that in series of cases it is noticed that the criminal case are filed levelling allegations, thereafter victim normally compromises the matter or turns hostile before the Trial Court and benefit of doubt is extended to the accused persons resulting into their acquittal in such matters. It is contended that in terms of Clause 41 of the Rules, 1995, the victim is entitled for grant of 25% compensation amount of Rupees Two Lakhs at the time of registration of FIR, 50% at the time of filing of chargesheet and 25% on conclusion of trial by the Trial Court. It is contended that the petitioner may be directed to furnish an affidavit before the concerning Authorities that he will not turn hostile in the matter nor will enter into compromise with the accused persons after receiving the amount of compensation and in case he turns hostile or enter into compromise with the accused, then the amount so received by him as compensation shall be returned back to the State Authorities because the amount has been paid from the public exchequer. The public exchequer cannot be misused for the purposes of making compliance of relevant provision under the SC/ST Act. It is contended that if such an affidavit is filed by the petitioner, then the Authorities will release the amount of compensation to be paid to the petitioner in terms of relevant clause of SC/ST Act or Rules, 1995.