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SANJEEV NARULA
Balbir Meena – Appellant
Versus
State – Respondent
JUDGMENT :
Sanjeev Narula, J.
CM APPL. 69106/2024(u/S 151 of CPC seeking early hearing)
1. For the grounds and reasons stated in the application, the same is allowed. With the consent of parties, the main petition is called on board today itself and heard finally.
2. Disposed of.
W.P.(C) 258/2021
3. The Petitioner impugns order dated 21st August, 2020, passed by the Sub Divisional Magistrate (Dwarka)- Respondent No.3, sanctioning an amount of INR 10,000/- out of INR 1 lakh as compensation as per the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, [(“the Rules”)] to the Petitioner as a victim in relation to FIR no. 337/2019.
4. The brief background of the case leading to the filing of the instant petition is as follows :
(ii) As per the Rules, the victims who have faced atrocities from any person who is not a member of the Scheduled Caste or Scheduled Tribe are entit
Compensation under the SC/ST (Prevention of Atrocities) Act is contingent upon ongoing legal proceedings; a settlement with the accused nullifies the basis for compensation.
Compensation under the SC/ST Act is contingent upon active victim participation and successful prosecution; turning hostile negates victim status.
The entitlement to relief under the SC/ST Prevention of Atrocities Act is not contingent on conviction, and the statutory obligation to assess damage must be fulfilled by the authorities.
The court emphasized the need for verification of compromises in cases under the SC/ST Act to prevent misuse and uphold the integrity of the law.
The court confirmed that victims of acid attacks are entitled to significant compensation under the relevant victim compensation schemes, emphasizing the court's duty to act compassionately and in ac....
The acquittal of an accused does not preclude a victim's right to compensation under the Odisha Victim Compensation Scheme if the victim meets eligibility criteria, as outlined in Section 357A of the....
The SC/ST Act's protective legislative intent underscores that offences must not be quashed based on compromise if it risks undermining legal safeguards against caste-based discrimination.
The court can quash proceedings under the SC/ST Act based on a settlement between the parties, especially in cases where the alleged offense is primarily private or civil in nature, and the victim ha....
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