ALEX Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused and an F.I.R. has been registered against them, inter alia, under Section 3(1)(k) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act') and Section 324 read with Section 34 of the IPC. Investigation is in progress. The petitioners have, in these circumstances, come to this Court with a prayer that the powers under Section 482 of the Cr.P.C. may be invoked to quash the F.I.R. registered against them.

(2.) What are the reasons Two reasons are urged. First of all, it is said that the F.I.R. does not specifically reveal that the complainant is a member of the Scheduled Caste or that the accused do not belong to any Scheduled Caste. Relying on the decision of the Bombay High Court in Manohar M. Kulkarni v. State of Maharashtra, 2005 Cri LJ 4653, it is contended that when the First Information Statement is bereft of such vital details, the F.I.R. can be quashed.

(3.) Secondly and alternatively, it is contended that the parties have settled their disputes. The de facto complainant has not been arrayed as a party in this Cri. M.C. But it is submitted that an agreement has been entered into with the de facto complainant under which all the disputes have been settled amicably between the parties.