Allahabad High Court: Dinesh Kumar Singh, J. in the present case took opportunity to point out a trend that 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 Section 482 Criminal Procedure Code, 1973 to quash the proceedings on the basis of compromise arrived at between the parties.
The present case was a classic example where the complainant, being a member of the S.C. community, lodged an FIR against the accused (Hereinafter ‘petitioner’ ) 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/- as compensation by the State Government.
The Court opined 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.
However, coming to the present case grounds for quashing the proceedings was compromise arrived at between the parties. The Court opined that offence against the petitioners were trivial in nature except offence under Section 3(1) (da) and (dha) SC/ST Act. Thus, the Court allowed the petition and quashed the proceedings under Sections 147, 323, 504, 506 IPC, 3(1)(da), 3(1)(dha) of S.C./S.T. Act relying on the judgment of Ramawatar v. State of M.P., 2021 SCC OnLine SC 966.
[Israr v. State of U.P., 2022 SCC OnLine All 518, decided on 26-07-2022]
Advocates who appeared in this case :
Chandra Bhanu Singh, Advocate, Counsel for the Applicant;
G.A.,Seema Upadhyay, Advocate, Counsel for the Opposite Party.
*Suchita Shukla, Editorial Assistant has reported this brief.
