How to compromise SC ST atrocity Case?

890 votes

you can file a Criminal Application under section 482 of crpc before the Hon'ble High Court.
the said Application has to be filed by the Accused and the Victim has to give conset for the same.
in the said proceedings both the parties are required to remain present.

Advocate Akshay R Kapadia LawRato

954 votes

you cannot compromise an attrocities case just by saying that there's a compromise. the complainant needs to step into the witness box and give evidence favourable to you. it will wtill be a fullfledged trial with the only change that the outcome will be known beforehand.

Advocate Sudarshan Desai LawRato

597 votes

Well, in your case, Compromise will not go tactically in your favor. Because this is a purely a State Matter - a Criminal Case or a Non-Bailable Offence of Sec 326 & other sections imposed on you in which the Victim is being represented by State & as such, if Police won't give you clean chit in Chargesheet, then despite doing compromise, you'll not go unpished by law as per the imposed sections.

Advocate Pankaj Bajaj LawRato

381 votes

1. SC/ST Atrocity Cases:
   • SC/ST atrocity cases are filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which aims to prevent and address crimes and atrocities against individuals belonging to SCs and STs.
2. Filing an Atrocity Case:
   • Atrocity cases can be filed by a victim or their representative, and they involve serious offenses such as assault, abuse, or harassment based on caste or tribe. To file a case, one needs to provide evidence and documents related to the incident.
3. Importance of Legal Counsel:
   • Atrocity cases are legally complex, and it is advisable to seek legal counsel from an experienced attorney specializing in SC/ST atrocity cases to understand the process and implications.
4. Compromising an Atrocity Case:
   • In some cases, parties involved may consider reaching a compromise or settlement. However, compromising such cases is subject to legal limitations and should be done cautiously.
5. Legal Process for Compromise:
   • To compromise an SC/ST atrocity case, the involved parties can express their willingness to settle to the court. The court may then facilitate discussions between the parties and assess the genuineness of the compromise.
6. Court's Role:
   • The court plays a crucial role in ensuring that the compromise is not forced or coerced and that the victim's rights and interests are protected.
7. Impact on the Case:
   • It's important to note that not all atrocity cases can be compromised. The seriousness of the offense and its impact on the victim are factors the court considers before allowing a compromise.
8. Legal Implications:
   • Compromising an atrocity case may lead to the withdrawal of charges or the reduction of penalties. However, it's essential to understand the legal consequences and implications before proceeding.
9. Consulting Legal Experts:
   • Parties involved in an SC/ST atrocity case should consult with their respective legal representatives to understand the best course of action and the potential outcomes of a compromise.

In summary, compromising an SC/ST atrocity case is not an aboslute right and involves legal complexities and should be approached cautiously. Legal counsel is essential for both parties, and the court plays a pivotal role in overseeing the process to ensure fairness and protect the rights of the victim. Not all cases may be eligible for compromise, and the decision should be made with a full understanding of the legal implications.

Advocate Chikirsha Mohanty LawRato