Madhya Pradesh High Court
Pushpa Choudhary vs The State Of Madhya Pradesh on 6 October, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:50111
1 WP-25293-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 6 th OF OCTOBER, 2025
WRIT PETITION No. 25293 of 2025
PUSHPA CHOUDHARY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ratnakar Prasad Mishra - Advocate for petitioner.
Shri Abhishek Singh - Government Advocate for respondents/State.
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.2,00,000/- in favour of the petitioner for
which he is entitled as per Clause 41 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 02.11.2024 she lodged an FIR
against the accused persons at Police Station Patan, District Jabalpur which was
registered at Crime No.0482/2024 for an offence under Sections 296, 115(2),
118(1), 351 (3), 3(5) & 117(2), of BNS, 2023 and under Sections 3(2)(va), 3(1)(r)
& 3(1)(s) of the SC/ST (Prevention of Atrocities) Act and after completion of
investigation, charge-sheet was filed on 07.04.2025 before the trial Court.
Petitioner belongs to Scheduled Caste category. Petitioner filed an application
seeking compensation to the respondents for which she 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
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any action on the said application and the same is kept pending.
3. 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.
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 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 charge-sheet 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 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.
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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 persons at Police Station Patan, District Jabalpur was registered at Crime
No.0482/2024 for an offence under Sections 296, 115(2), 118(1), 351 (3), 3(5) &
117(2), of BNS, 2023 and under Sections 3(2)(va), 3(1)(r) & 3(1)(s) 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
the accused attracts the provisions of Clause 41 of the Rules, 1995 for which
compensation of Rupees Two Lakhs is provided to the victim. 25% at the time of
registration of FIR, 50% on filing of charge-sheet and 25% on conclusion of trial.
7. It is pointed out by learned State counsel that generally such FIRs are
being registered and thereafter victim entered into compromise with the accused
and turns hostile before the Trial Court after receiving compensation amount
because 75% compensation amount has to be paid up to the stage of filing of
charge-sheet. The statement of victim is recorded thereafter. The amount to the
victim in the form of compensation under the Act is to be paid from public
exchequer. The public exchequer cannot be misused for the purpose of compliance
of provisions of Rules, 1995.
8. Under these circumstances, this Court deems it appropriate to dispose
of this writ petition directing the petitioner to submit an affidavit to respondents
No.2 & 3 to the effect that she will not enter into compromise with the accused or
will not turn hostile before the Trial Court and will thoroughly contest the case
which has been registered on her complaint.
9. Until and unless the affidavit is filed by the petitioner, no amount
should be disbursed to the petitioner. If such an affidavit is filed within a period of
15 days from today, the Authorities are directed to consider the application filed
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by the petitioner/victim for grant of compensation and extend the benefit in terms
of Rules applicable to the case of the petitioner, within a period of 30 days
thereafter.
10. If the victim turns hostile then the amount received in the form of
compensation is required to be refunded back to the public exchequer within a
period of 30 days from the date of judgment passed by the trial Court. In case,
such an amount is not refunded back, the Authorities will be at liberty to recover
the amount from the petitioner in terms of relevant provision of the
M.P.L.R.C. The Trial Court is directed to take note of the fact that in case, the
victim turns hostile or enters into a compromise with the accused, then the Trial
Court may pass an order for taking cognizance against the victim for registering a
false and frivolous case against the accused.
11. With aforesaid observations, the petition stands finally disposed off.
No order as to costs.
(VISHAL MISHRA)
JUDGE
sj
