ORDER

The present petition is filed seeking the following reliefs :-

"A. That this Hon'ble Court may kindly be pleased to issue a writ a nature of Mandamus to release 75% compensation amount out of Rs.5,00,000/- in favour of the Petitioner for which he is entitled as per clause 44(i) of S.C. and S.T.(Prevention of Atrocities) Rules, 1995.

B. That, any other relief which this Hon'ble Court may deem fit in the facts and circumstances may also be awarded together with cost of the proceedings in the interest of justice."

2 . It is the case of the petitioner that on 22/09/2022 complainant lodged an FIR against the accused person at Police Station Khamariya, District Jabalpur which was registered at Crime No.0385/2022 for offence under Sections 376, 376(2)(n), 506 of IPC and under Sections 3(1)(w)(i), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act and after completion of investigation, charge-sheet was filed on 28/12/2022 before the trial Court. Petitioner belongs to Scheduled Tribe category. Petitioner filed an application seeking compensation to the respondents for which she is entitled in terms of Clause 44(i) 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.

3. It is contended that if the offence under Sections 376, 376(2)(n), 506 of IPC and under Sections 3(1)(w)(i), 3(2)(va) of SC/ST Act is committed with a person belonging to SC/ ST community, then the victim is entitled for compensation of Rupees Five Lakhs. 50% after medical examination and confirmatory medical report, 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 Five Lakhs which has not been granted and only Rs.75,000/- has been paid to the petitioner. Therefore, this petition is filed.

4. 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 levying 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 44(i) of the Rules, 1995, the victim is entitled for grant of 50% compensation after medical examination and confirmatory medical report, 50% at the stage of charge-sheet and 25% after 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 she 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 she turns hostile or enter into compromise with the accused, then the amount so received by her 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.

5. Heard learned counsel for the parties and perused the record.

6. From the perusal of record, it is not disputed that an FIR against the accused person at Police Station Khampariya, District Jabalpur was registered at Crime No.0385/2022 for an offence under Sections 376, 376(2)(n), 506 of IPC and under Sections 3(1)(w)(i), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. On completion of investigation, charge-sheet has been filed in the matter before the competent Court. The offence registered against